Public-domain · open source
OpenJurist

729 So. 2d 954

Docket No. 98-516.

Collier v. State

Joseph Rodney COLLIER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 5, 1998.

District Court of Appeal of Florida · decided 1998-10-05

Relies on Swain v. Howell

Good law ✅— No negative treatment on recordhow we know

Decided 1998-10-05

How this case has been cited

Cited by 4 later decisions — most recently June 2018

4 state decisions

20199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Appellant, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, for appellee.

¶3PER CURIAM.

¶4Collier appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Collier asserts that trial counsel rendered ineffective assistance in failing to investigate and consider the availability of a voluntary intoxication defense to the charge of aggravated battery, despite having been informed by Collier that he was intoxicated as a result of consuming a large quantity of alcohol and marijuana immediately prior to the commission of the offense. We find these factual allegations, on their face, sufficient to set forth a claim of ineffective assistance of counsel despite the fact that Collier signed a plea agreement indicating his satisfaction with counsel's services. See Young v. State,661 So.2d 406 (Fla. 1st DCA 1995).

¶5Since the trial court's order and attachments fail to demonstrate conclusively that Collier is entitled to no relief, we reverse and remand for further proceedings.

¶6ALLEN, WOLF and DAVIS, JJ., concur.

/729/so2d/954 · .json · Public domain