Perez v. State

Perez appeals the summary denial of his rule 3.850 motion. Perez raises four claims in his motion, only one of which warrants reversal.

Perez was charged with sexual battery of a ten-year-old boy, a capital felony, with a statutory life sentence without eligibility for parole for twenty-five years. §§ 794.-011 and 775.082, Fla.Stat. (1989). He pled guilty to attempted sexual battery in exchange for a thirty-year sentence. There was no direct appeal.

Perez now claims that prior to entry of his plea, his counsel represented to him that if he accepted the state’s thirty-year offer, he would be…