Nero Cooke v. State of Florida

The defendant appeals from the circuit court’s order denying, without an eviden-tiary hearing, his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief alleging ineffective assistance of counsel for failing to advise him of his guilty plea’s deportation consequences. The court denied the motion without an evidentiary hearing on two grounds: (1) the motion was facially insufficient; and (2) the motion and record conclusively demonstrated that the defendant was not entitled to relief. We conclude the court erred on both grounds. We also conclude the court’s warning during…