Third District Court of Appeal
State of Florida
Opinion filed March 14, 2018.
Not final until disposition of timely filed motion for rehearing.
No. 3D17-2131
Lower Tribunal Nos. 15-23475, 11-13903, 11-13905, 11-14194,
11-14195, 11-14197, 11-15697, 11-17051, 11-17050, 11-18356
Enrique Dobarganes,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
Ratzan and Faccidomo, LLC, and Jude Faccidomo, for appellant.
Pamela Jo Bondi, Attorney General, and Christina L. Dominguez, Assistant
Attorney General, for appellee.
Before SALTER, EMAS and LOGUE, JJ.
PER CURIAM.
Enrique Dobarganes appeals the summary denial of his post-conviction
claims of ineffective assistance of counsel, raised in a motion under Florida Rule of
Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing on
Dobarganes’s claims.
The trial court denied the motion without an evidentiary hearing, ruling that
Dobarganes’s allegations were conclusively rebutted by his sworn statements during
the plea colloquy. While a defendant is, of course, “bound by the statements he
makes under oath during a plea colloquy,” Rodriguez v. State, 223 So. 3d 1095, 1097
(Fla. 3d DCA 2017), we conclude that the record in the instant case fails to
conclusively refute the factual claims by Dobarganes and the additional affiant. See,
e.g., State v. Leroux, 689 So. 2d 235 (Fla. 1996); Garcia v.State, 907 So. 2d 607
(Fla. 3d DCA 2005); Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002); Rensoli
v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); Moore v. State, 991 So. 2d 977, 978
(Fla. 1st DCA 2008); Jones v. State, 846 So. 2d 1224 (Fla. 2d DCA 2003).
We express no opinion regarding the merits of Dobarganes’s claims or
entitlement to relief.
Reversed and remanded for further proceedings consistent with this opinion.
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