Elwell v. State

Elwell appeals the summary denial of his motion for postconviction relief filed pursuant *1138to Florida Rule of Criminal Procedure 3.850. We reverse.

Appellant pled guilty to charges of aiding and abetting robbery while armed and grand theft and was sentenced to thirty years in prison followed by ten years’ probation, the sentence the state agreed to recommend in the plea bargain. Appellant raised the following two claims of ineffective assistance of counsel in his motion for postconviction relief: (1) that, but for his trial counsel’s affirmative misrepresentations to him and his mother regarding…