McDowell v. State

MORRIS, Judge.

Clement A. McDowell appeals the non-summary denial of his postconviction motion filed pursuant to Florida Rule of *1258Criminal Procedure 3.850. Because the trial court erred by proceeding with the evidentiary hearing without permitting McDowell an opportunity to be present at the hearing to present his testimony and to assist in cross-examination, we reverse and remand.

In ground one of his motion, McDowell contended that his plea to a violation of probation charge was involuntary because his former trial counsel misadvised him by telling him that two additional cases would be…