997 So. 2d 1211

Peter PARDON, Appellant, v. STATE of Florida, Appellee.

No. 4D08-1872.

District Court of Appeal of Florida, Fourth District.

Dec. 24, 2008.

Rehearing Denied Jan. 30, 2009.

John H. Lipinski, Pembroke Pines, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm the order denying appellant’s motion for postconviction relief on all issues except his claim that his counsel was ineffective in failing to inform him of the possibility of a life sentence when deciding whether to accept a twenty-year plea offer. On that issue, we reverse and remand for an evidentiary hearing, as the attachments and arguments made by the state do not conclusively show that counsel told appellant that he was subject to a life sentence or that appellant otherwise knew of the maximum sentence at the time the plea was offered. See Morgan v. State, 991 So.2d 835 (Fla.2008). As to the matters on which we affirm, we conclude that they do *1212not constitute ineffective assistance, they should have been raised on direct appeal, and Strickland1 prejudice has not been shown.

Affirmed in part, reversed in part, and remanded for an evidentiary hearing consistent with this opinion.

WARNER, FARMER and DAMOORGIAN, JJ., concur.

Pardon v. State
997 So. 2d 1211

Case Details

Name
Pardon v. State
Decision Date
Dec 24, 2008
Citations

997 So. 2d 1211

Jurisdiction
Florida

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