Demesmin v. State

Fitolay Demesmin appeals the denial of his post-conviction motion filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Because appellant failed to allege a sufficient legal basis to challenge the voluntariness of his guilty plea, we affirm.

However, we note that in another part of the motion, Demesmin alleged that before he entered his guilty plea, his attorney misinformed him that he would receive a sentence of two years. Instead, he was sentenced to 10 years. If, on a claim of ineffective assistance of counsel, Demesmin can establish that he relied on misinformation about the…