Jeremy Hicks v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-3097
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JEREMY HICKS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Bradford County.
Mark W. Moseley, Judge.
July 9, 2019
PER CURIAM.
Jeremy Hicks entered a negotiated guilty plea to three counts
of lewd or lascivious battery on a person under 16 and was
sentenced to thirty years imprisonment. Hicks filed a
postconviction motion alleging five grounds for relief, all of which
the trial court denied without evidentiary hearing. We find that
the record attachments to the order, including the transcript of
Hicks’ plea colloquy and the signed plea form, do not conclusively
show that Hicks is entitled to no relief in grounds two and five of
his motion, which alleged that his counsel was ineffective for
failing to move to suppress incriminating statements he made to
law enforcement after officers violated his Miranda * rights. Fla. R.
Crim. P. 3.850(f)(5). We therefore reverse this portion of the order
* Miranda v. Arizona, 384 U.S. 436 (1966).
and remand for an evidentiary hearing on this claim. Fla. R. App.
P. 9.141(b)(2)(D). See Wilson v. State, 871 So. 2d 298, 299 (Fla. 1st
DCA 2004) (“Appellant’s entry of a plea, plea colloquy, and other
record attachments do not conclusively refute his first claim that
his counsel failed to investigate evidence that would have
supported a motion to suppress incriminating statements he gave
to police while in custody without being informed of his Miranda
rights, and that his counsel should have filed a motion to
suppress.”). We affirm the trial court’s summary denial of Hicks’
three other claims.
AFFIRMED in part, REVERSED in part, and REMANDED.
WETHERELL, OSTERHAUS, and WINOKUR, 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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Jeremy Hicks, pro se, Appellant.
Ashley Moody, Attorney General, and Michael McDermott,
Assistant Attorney General, Tallahassee, for Appellee.
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