Tooley v. State

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

In his motion, Mr. Tooley alleged that he had entered a no contest plea based on defense counsel’s erroneous advice that, although he had committed his offenses in 1993, he could elect to be sentenced under the more lenient 1994 sentencing guidelines, and that if he was denied the right to elect his sentence would be reversed on direct appeal. The motion further alleged that Mr. Tooley was denied the right to elect the 1994 sentencing…