Schwagler v. State

Carl M. Schwagler appeals the summary dismissal of his pro se motion for postcon-viction relief filed under Florida Rule of Criminal Procedure 3.850. We reverse the postconviction court’s order and remand for further proceedings.

On February 12, 2007, Schwagler entered an open plea to one count of armed burglary, one count of kidnapping, and one count of attempted robbery. On April 23, 2007, the court sentenced him to concurrent terms of fifteen years’ imprisonment. Schwagler did not file a direct appeal, instead allegedly retaining counsel to file a postconviction motion. On August 31, 2009,…