Spacco v. State

James Spacco appeals the summary denial of his motion pursuant to Rule 3.850, Florida Rules of Criminal Procedure, alleging that his plea was involuntary and that he was denied effective assistance of counsel.

Specifically, Spacco alleges that he entered a guilty plea with the understanding that he would be sentenced to between 39 and 65 months incarceration without probation. He was instead sentenced to 52.2 months incarceration followed by 36 months probation. Spacco concludes that this resulted in a split sentence of 88.2 months, rather than the 52.2 months to which he had agreed, making…