Hall v. State

The appellant challenges the trial court’s denial of his Motion to Enforce a Plea Agreement, which this Court construes as a rule 3.850 motion. We reverse the denial of the appellant’s claim asserting that he was denied effective assistance of counsel where he was misadvised by counsel regarding his maximum sentencing exposure.

A motion to enforce a plea agreement should be construed as a rule 3.850 motion where the motion meets the procedural requirements of rule 3.850 and where the motion states a facially sufficient claim for relief. See Flowers v. State, 881 So.2d 730 (Fla. 1st DCA 2004).…