Howard v. State

Howard appeals the lower court’s summary denial of his motion for post-conviction relief filed pursuant to Florida Rules of Criminal Procedure 3.850. In his motion, Howard alleges first, that his sentence was imposed in violation of a plea agreement which had previously been accepted by the trial court, thus rendering his guilty plea involuntary; and second, that the assistant public defender, who was standing-in at sentencing for Howard’s absent counsel, rendered ineffective assistance in failing to object to the allegedly improper sentence. We find these allegations legally sufficient. See,…