Simmons v. State

Appellant, Dennis Simmons, filed a post-conviction motion pursuant to Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of counsel due to counsel’s failure to convey a plea offer. After an evidentiary hearing for which the trial court denied appellant’s request for post-conviction counsel, the trial court denied appellant’s motion on the merits. For the reasons discussed below and the unique facts of this case, we reverse and remand for the trial court to reopen the record and provide the appellant an opportunity to subpoena his former counsel to provide direct…