Winbush v. State

The appellant challenges the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Pro-" *1089cedure 3.850. For the reasons discussed below, we reverse and remand for further proceedings.

The appellant entered into negotiated pleas in two cases to charges of car-jacking with a deadly weapon in exchange for concurrent sentences of 18 years’ imprisonment. He alleges that the deadly weapon was a BB gun that did not constitute a deadly weapon. The appellant alleges that counsel erroneously advised him that the BB gun constituted a deadly weapon merely because it was…