Dieugrand Jacques v. State of Florida

We reverse the summary denial of appellant’s motion seeking postconviction relief under Florida Rule of Criminal Procedure 3.850 and remand to the circuit court for an evidentiary hearing.

After a jury trial, appellant was convicted of lewd or lascivious molestation and sentenced to 10 years in prison.

In a timely Rule 3.850 motion, appellant claimed ineffective assistance of counsel in failing to convey to him a plea offer of probation. His motion satisfied the elements of Alcorn v. State, 121 So.3d 419 (Fla.2013). He claimed that after his conviction he learned that, just before trial, the…