Morin v. State

STRINGER, Judge.

Paul Morin appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of claims one and three without comment but reverse and remand the denial of claim two.

In claim two, Mr. Morin attacked the factual basis of his plea, asserting there was insufficient evidence to justify the trial court’s imposition of a minimum mandatory sentence pursuant to section 775.087(2), Florida Statutes (2002). Mr. Morin argued that the trial court determined he had used a firearm in the commission of a burglary…