Hopkins v. State
Docket: No. 98-2865
Court: District Court of Appeal of Florida; December 1, 1998; Florida; State Appellate Court
Scott Hopkins appeals the denial of his pro se motion for post-conviction relief following his 1997 conviction for DUI manslaughter, for which he received a six-year prison sentence. He did not appeal the original judgment or sentence. In his motion, he claimed ineffective assistance of counsel, specifically alleging that his attorney failed to present a voluntary intoxication defense and did not inform him about this potential defense. However, the court clarified that voluntary intoxication is not a viable defense for DUI manslaughter, as it is classified as a general intent crime, not a specific intent crime. Consequently, the trial court found that Hopkins did not demonstrate that his counsel's performance was below the standard required for a finding of ineffective assistance, as established in Strickland v. Washington. The court affirmed the denial of the motion. Judges Gunther, Taylor, and Senior Judge Owen concurred with the decision.