Obaya v. State

Alberto Obaya (“the defendant”) appeals the summary denial of his motion for post conviction relief under Florida Rule of Criminal Procedure 3.850. For the following reasons we reverse.

In 1993, the defendant pled no contest to a charge of burglary of an unoccupied dwelling and was sentenced to a term of nine years. While on community control in 1996, the defendant was arrested for possession of a firearm by a convicted felon. The defendant entered into a plea bargain with the prosecutor. As a result, he agreed to a nine-year sentence with a thirty-seven month mandatory minimum as a habitual…