Diaz v. State

HOBSON, Acting Chief Judge.

Henry B. Diaz, Jr. appeals an order summarily denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We reverse and remand.

Appellant was charged with aggravated battery to which he pled guilty. The sole meritorious point alleged in appellant’s Rule 3.850 motion is that his guilty plea was involuntarily entered in that the trial court purportedly failed to inform him that in so doing appellant had waived his right to appeal. Such claim, if true, might entitle appellant to relief. See Fla.R.Crim.P. 3.172(c)(iv). The trial court,…