PLANCARTE v. State

975 So.2d 487 (2007)

Mario PLANCARTE, Appellant,

v.

STATE of Florida, Appellee.

No. 2D06-4924.

District Court of Appeal of Florida, Second District.

July 18, 2007.

CANADY, Judge.

Mario Plancarte appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the postconviction court's denial of claims two through eight without comment. We reverse the denial of claim one and remand for further proceedings.

A jury convicted Plancarte of aggravated battery with a firearm for shooting the victim with a pistol. The trial court…