Patak v. State

On pleas of guilty, Douglas John Patak was convicted of one count of robbery and five counts of kidnapping. We now review the order denying the motion he filed under Florida Rule of Criminal Procedure 3.850 alleging that, while he was guilty of robbery, he did not commit kidnapping; and that his trial counsel was ineffective for advising him that what he did constituted kidnapping and for advising him to accept the state’s plea offer, despite his actual innocence of those charges. The motion alleges that he would not have entered guilty pleas to the kidnapping charges if counsel had not…