Gann v. State

Kevin F. Gann appeals the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. In denying the motion, the trial court attached nothing to its order. We reverse only the denial of Gann’s claim that his plea of nolo contendere was unlawfully induced, rendering his plea involuntary, as a result of the ineffective assistance of counsel.

Specifically, Gann alleged that his attorney led him to believe he would receive “a sentence substantially less than that which was imposed.” Gann attached to his motion a copy of a letter from his attorney…