McWilliams v. State

WENTWORTH, Judge.

Appellant seeks review of an order denying rehearing of an earlier denial of appellant’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find that the records attached to the order do not conclusively show that appellant is entitled to no relief, and reverse and remand the cause for an evidentiary hearing.

Appellant pled guilty to kidnapping in 1977 and was sentenced to life imprisonment. According to both appellant’s original defense counsel and the state attorney who prosecuted the case, the plea bargain between appellant and…