Scott v. State
The Fifth DCA reversed summary denial of a 3.850 IAC claim where the indictment charged attempted second-degree murder without alleging firearm-reclassification language, yet a special verdict form and resulting sentence reflected reclassification to a first-degree felony. The court held the claim was legally sufficient and unrefuted by the record, requiring an evidentiary hearing or record attachments on remand. The court affirmed denial of a separate IAC claim regarding the right to testify, holding that a defendant's own misunderstanding of counsel's accurate advice (that his criminal history could 'come up') fails the first Strickland prong, distinguishing cases involving actual misadvice.
Key facts
- Scott was charged by indictment with attempted second-degree murder without any allegation of firearm-reclassification language, but a special verdict form and resulting sentence reflected reclassification to a first-degree felony.
- Scott filed a Rule 3.850 motion claiming trial counsel was ineffective for failing to object to the firearm reclassification and for allegedly misadvising him about whether his prior criminal record could be used at trial.
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Why it matters
This opinion reinforces that reclassification or sentence enhancement based on firearm use must be properly alleged in the charging document, and a special verdict form cannot substitute for charging-document notice — a… — full analysis with a trial
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