Duque v. State

WELLS, Judge.

Eric Duque appeals from the denial of his Florida Rule of Criminal Procedure 3.850 motion in which he raised six claims of ineffective assistance of counsel. We agree with the court below that the first three claims raised therein regarding defense counsel’s failure to secure a psychiatric evaluation prior to Duque’s acceptance of a plea are without merit. We also agree that his fifth claim regarding whether he was adequately advised of all of the consequences of a habitual offender sentence was properly denied on the merits. However, we reverse the trial court’s summary denial…