Petrarca v. State

Steven Petrarca appeals the final order denying his rule 3.850 motion after a limited evidentiary hearing, seeking review of the trial court’s summary denial of three *669grounds for relief. Those grounds were not conclusively refuted by the record. To the extent the record established Petrarca was aware that his offense was punishable by up to a thirty-year statutory maximum, it did not conclusively refute his claim that his attorney told him that, unless the trial court sentenced him to a downward departure based on restitution to be paid, he would be sentenced within a “guidelines” range of…