Hernandez v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 18, 2026
Docket2D2026-1292
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
SAMUEL HERNANDEZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2026-1292
September 18, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for
Hillsborough County; Michelle Sisco, Judge.
Samuel Hernandez, pro se.
PER CURIAM.
Mr. Samuel Hernandez appeals from an order summarily denying
his amended motion for postconviction relief filed under Florida Rule of
Criminal Procedure 3.850. After entering an open plea to DUI
manslaughter and vehicular homicide, Mr. Hernandez alleged that
counsel was ineffective in advising him concerning the plea, investigating
the case, and preparing for sentencing. The postconviction court denied
the claims principally on the basis of Mr. Hernandez's sworn answers
during the plea colloquy. But the plea-related claims required the court
to determine, under the totality of the circumstances, whether there was
a reasonable probability that Mr. Hernandez would have rejected the plea
and insisted on proceeding to trial. See Grosvenor v. State, 874 So. 2d
1176, 1181–82 (Fla. 2004). The sentencing-related claim required a
separate prejudice analysis under Strickland v. Washington, 466 U.S. 668
(1984). See Jackson v. State, 353 So. 3d 666, 668 (Fla. 2d DCA 2022).
Because the postconviction court did not apply those standards, we
reverse and remand for it to reconsider the claims under the correct
standards. See State v. Jesus, 351 So. 3d 223, 224 (Fla. 2d DCA 2022).
On remand, the postconviction court may again summarily deny any
claim that is conclusively refuted by the record; otherwise, it must
conduct an evidentiary hearing. We express no opinion on the ultimate
merits of the claims.
Reversed and remanded.
KHOUZAM, SMITH, and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
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