Cortinas v. State

Jose Cortinas (Defendant) appeals an order summarily denying his motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm in part and reverse in part.

In May 2003, Cortinas entered a substantial assistance agreement (SAA) with the state, which required him to enter a plea to a pending charge of trafficking in cocaine. (The state’s response below attached an audiotape purporting to memorialize the oral SAA, which required Corti-nas to enter an open guilty plea; however, the disposition sheet, which the state also attached, showed that…