Benavidez v. State

749 So.2d 528 (1999)

Ruben R. BENAVIDEZ, Appellant,

v.

STATE of Florida, Appellee.

No. 99-03586.

District Court of Appeal of Florida, Second District.

December 22, 1999.

Ruben R. Benavidez appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Benavidez's motion states a facially sufficient claim that is unrebutted by the attachments to the order denying relief, we reverse.

Pursuant to a plea agreement, Benavidez entered a no contest plea to a charge of burglary of a dwelling. The State and Benavidez stipulated to a factual basis for the crime.…