Beier v. State

The appellant, Richard Beier, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We determine that only one of the appellant’s claims has merit. Beier has made a facially sufficient claim that his plea was involuntary based upon misinformation from his attorney.

This court ruled in Hoch v. State, 679 So.2d 847 (Fla. 2d DCA 1996), that a broad question placed* to the defendant regarding promises made to him would not foreclose postconviction relief founded upon misinformation by the defendant’s attorney. We remand for the trial court to…