Carver Askew v. State of Florida , 265 So. 3d 693 ( 2019 )

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-750
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CARVER ASKEW,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Virginia B. Norton, Judge.
February 27, 2019
PER CURIAM.
We affirm the summary denial of Appellant’s motion for
postconviction relief with the exception of his first claim, which
asserted that defense counsel was ineffective for misadvising him
that if he testified at trial, the jury would automatically learn the
nature of his past crimes and the State could go into the specifics
of his prior record on cross-examination. Accepting Appellant’s
allegations as true, this was a facially sufficient claim of ineffective
assistance of counsel. See Parks v. State, 54 So. 3d 1079, 1080 (Fla.
4th DCA 2011); see also Joseph v. State, 214 So. 3d 741, 742 (Fla.
5th DCA 2017); Tyler v. State, 793 So. 2d 137, 141-42 (Fla. 2d DCA
2001). Because the trial court’s colloquy with Appellant regarding
the waiver of his right to testify at trial does not conclusively refute
this claim, we reverse and remand for an evidentiary hearing. See
Everhart v. State, 773 So. 2d 78, 80 (Fla. 2d DCA 2000).
AFFIRMED in part; REVERSED in part; and REMANDED for
further proceedings.
WOLF, OSTERHAUS, and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Carver Askew, pro se, Appellant.
Ashley B. Moody, Attorney General, Tallahassee, for Appellee.
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