Gribble v. State

The defendant appeals the summary denial of his Rule 3.850 motion alleging ineffective assistance of trial counsel. See Fla. R. Crim. P. 3.850. He argues that counsel was ineffective for misadvising him of the maximum sentence he faced, which caused him to reject a five-year plea offer. We agree that the summary record does not refute this allegation. We therefore reverse and remand the case to the trial court for further proceedings.

The State charged the defendant with driving with a suspended or revoked license and possession of cocaine. The defendant argues that counsel advised him that he…