Vice v. State

KELLY, Judge.

James Vice appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850, in which he alleged that his plea was involuntary due to counsel’s ineffective assistance. We affirm in part and reverse in part.

In his sworn motion, Vice stated that after a sixteen-year-old girl told her school *957social worker of her sexual encounter with Vice approximately eight to nine years earlier, law enforcement conducted two controlled phone calls between the girl, her mother, and Vice. During the calls, Vice did not deny the accusations. He was arrested shortly…