State v. Burton

The State appeals the trial court’s summary grant of Fitzroy Burton’s Motion to Set Aside Conviction and Withdraw Plea pursuant to Florida Rule of Criminal Procedure 3.850. We conclude that the trial court erred in summarily granting Burton’s motion, and therefore, reverse and remand for further proceedings.

■ In his post-conviction motion, Burton asserted that his plea was not knowing and *855voluntary because his counsel failed to advise him that because he was not a United States citizen, his plea could subject him to deportation. In support of his motion, Burton cited the transcript of his…