Evans v. State
District Court of Appeal of Florida
1Opinion of the Court
W. SHARP, Judge.
We affirm the summary denial of Evans’ motion filed pursuant to Florida Rule of Criminal Procedure 3.850. His allegations that trial counsel was ineffective because he failed to present a possible involuntary intoxication defense are general and vague. They do not prima facie establish an ineffective assistance ground. See Stevens v. State, 693 So.2d 144 (Fla. 5th DCA 1997). The record refutes Evans’ allegation that he was unaware of the consequences of being sentenced as an habitual offender. Evans’ stipulation that he qualified as an habitual offender renders any failure by…
2Cases cited2 opinions
- Stevens v. StateDistrict Court of Appeal of Florida · 1997
- DaCosta v. StateSupreme Court of Florida · 1994