Smalls v. State

Appellant, Anthony Smalls, seeks review of an order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Appellant’s claim that his counsel was ineffective for advising him to plead guilty to burglary of a dwelling when no factual basis existed to support the plea has not been conclusively refuted, we reverse the order and remand with instructions to hold an evidentiary hearing and to appoint counsel to assist Appellant.

Appellant pled guilty to burglary of a dwelling and battery in July 2003. The trial court sentenced him…