Lalime v. State

Marcela Lalime (Lalime) appeals an order summarily denying her second amended motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We reverse.

On January 28, 1993, Lalime entered into a negotiated plea of nolo contendere to four counts of obtaining a prescription by fraud, and the remaining ten counts were nolle prossed. The trial court withheld adjudication1 and placed her on pro*1176bation for two years. There was no direct appeal and no prior postconviction motions filed.

On October 6, 2008, Lalime filed a sworn motion for postconviction relief,…