Opinion
No. 1D21-0990
03-30-2022
Kyle Lee CHAMBERS, Appellant, v. STATE of Florida, Appellee.
Ryan Edward McFarland of Kent & McFarland Attorneys at Law, Jacksonville, for Appellant. Ashley Moody, Attorney General, and Jovona I. Parker, Assistant Attorney General, Tallahassee, for Appellee.
Ryan Edward McFarland of Kent & McFarland Attorneys at Law, Jacksonville, for Appellant.
Ashley Moody, Attorney General, and Jovona I. Parker, Assistant Attorney General, Tallahassee, for Appellee.
Long, J.
Kyle Chambers appeals the trial court's order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Pursuant to a plea agreement, Chambers pleaded guilty to burglary of a dwelling and possession of burglary tools. Chambers argues that he was not informed of a possible defense and that his plea was involuntary. We affirm.
A claim of ineffective assistance of counsel must establish both deficient performance and prejudice. In a case like this, where Chambers entered a plea, the prejudice prong requires showing "a reasonable probability that, but for counsel's errors, the defendant would not have pleaded guilty and would have insisted on going to trial." Hill v. Lockhart , 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). The Florida Supreme Court has explained that
a court should consider the totality of the circumstances surrounding the plea, including such factors as whether a particular defense was likely to succeed at trial, the colloquy between the defendant and the trial court at the time of the plea, and the difference between the sentence imposed under the plea and the maximum possible sentence the defendant faced at trial.
Grosvenor v. State , 874 So. 2d 1176, 1181 (Fla. 2004). Here, the trial court determined that trial defense counsel's testimony that Chambers had been advised of the defense was credible. A trial court "may consider a trial attorney's general practice as evidence when making a factual finding about specific conversations between the attorney and client." Morales v. State , 308 So. 3d 1093, 1098 (Fla. 1st DCA 2020). That determination was based on competent, substantial evidence. "Where the postconviction court's factual findings and credibility determinations are supported by competent, substantial evidence, this Court will defer to its findings because the postconviction court has a superior vantage point in assessing the credibility of witnesses and in making findings of fact." Moore v. State , 132 So. 3d 718, 727 (Fla. 2013) (quotations omitted).
AFFIRMED .
Makar and Winokur, JJ., concur.