08-0654 ELMER MOORE v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-0654

Case Date: 09/22/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ELMER MOORE, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D08-0654

Opinion filed September 22, 2008. An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge. Elmer Moore, pro se, Appellant. Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The appellant challenges the trial court's order summarily denying his motion alleging an involuntary plea filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant has stated a facially sufficient claim, we reverse. In the instant rule 3.850 motion, the appellant alleged that his guilty plea was involuntary because counsel misinformed him that the victim's prior criminal history

and reputation of violence was inadmissible evidence. Evidence of a deceased victim's violent character is admissible when self-defense is asserted if there is an issue as to either the conduct of the deceased or the reasonableness of the defendant's belief as to imminent danger from the deceased. See

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