Pacheco v. State

NORTHCUTT, Judge.

Jonathan Pacheco pleaded no contest to burglary and kidnapping, but he moved to withdraw his plea shortly after sentencing. See Fla. R. Crim. P. 3.170(i). Among his several grounds were allegations that he was incompetent to enter the plea and that his counsel was ineffective in that regard. The circuit court summarily denied the grounds based on Pacheco’s alleged incompetency, finding that the transcript of the plea and sentencing hearing refuted the allegations. We reverse the summary denial of those issues and remand for the circuit court to hold an evidentiary hearing.

Pach…