Starks v. State

Appellant pro se appeals the trial court’s dismissal of a motion to withdraw plea as untimely and argues that the trial court should have treated the motion as a petition for ineffective assistance of counsel based on defense counsel’s misadvice before Appellant entered his plea. We agree.1 See Davis v. State, 154 So.3d 1203, 1203 (Fla. 2d DCA 2015) (“When a defendant files a motion to withdraw plea under rule 3.170(0, but the time to file such a motion has passed, the postconviction court should consider it under rule 3.850 so long as it meets the procedural *1080requirements under that rule.”…