Barr v. State

Arba Earl Barr appeals the denial of his motion for postconviction relief. The motion alleged that Barr’s trial counsel, in recommending that Barr elect to be sentenced under the sentencing guidelines, failed to explain that Barr would thereby be ineligible for parole.* If true, this could constitute ineffective assistance of counsel. See, e.g., Highsmith v. State, 493 So.2d 533 (Fla. 2d DCA 1986).

The trial court conducted an evidentiary hearing on the motion. Barr’s trial counsel was the sole witness at the hearing. She stated that Barr “understood or it was explained to him the significance…