Martin v. State

Defendant-appellant Martin is entitled to an evidentiary hearing on his claim that, but for the affirmative misadvice of trial counsel regarding expungement, he would not have entered into the plea agreement. See Rodriguez v. State, 824 So.2d 328 (Fla. 3d DCA 2002). At such a hearing it would, of course, be the burden of the defendant to persuade the trial court that he actually would have turned down this favorable plea bargain if he had been given the correct information regarding ex-pungement. The question whether the defendant has shown sufficient good cause to excuse the two-year time…