Shorter v. State

The appellant, Thomas Shorter, appeals the denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied Shorter’s motion after an evidentia-ry hearing, concluding that Shorter’s ineffective assistance of counsel claim failed to meet either prong of the Strickland,1 test. We reverse.

Shorter was on conditional release when he was arrested and charged for the sale of cocaine. He subsequently entered a plea of no contest to the charge and was sentenced to 19 months’ imprisonment. There was no mention at the combined plea and…