Montgomery v. State

COVINGTON, Judge.

Brad Montgomery appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the order of the trial court and remand for an evidentiary hearing.

In June 2001, Montgomery pleaded no contest to aggravated manslaughter of a child and was sentenced pursuant to a negotiated plea to twenty-two years in prison, with the last two years suspended, to be followed by 100 hours of community service. In his motion, Montgomery alleges that his plea was involuntary because his counsel erroneously informed him that…