Legal Opinion

O'BRIEN v. State

District Court of Appeal of Florida

Decided February 27, 2009No. 5D08-2668Published

1Per curiam

John D. O’Brien, Jr., appeals from the summary denial of his eleven-claim motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order as to all issues except the denial of O’Brien’s tenth claim, which alleged that his trial counsel failed to communicate a plea offer to him that he would have accepted, resulting in a lesser sentence. See Wright v. State, 892 So.2d 1209, 1210 (Fla. 5th DCA 2005). Although it appears from the State’s response below that this claim also lacks merit, the response relies on non-record documents and…

2Cases cited2 opinions

  1. Harich v. StateSupreme Court of Florida · 1986
  2. Wright v. StateDistrict Court of Appeal of Florida · 2005

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