Jones v. State

NORTHCUTT, Judge.

Kenneth Jones filed a motion under Florida Rule of Criminal Procedure 3.850 claiming his plea in two circuit court cases, CF97-001993 and CF96-05814, was involuntary and seeking to withdraw it. The circuit court denied his motion without conducting an evidentiary hearing. We reverse.

Jones entered into a plea agreement to resolve a violation of probation in the 1996 ease and new law violations in the 1997 case. The agreement called for a sentence at the bottom of the 1995 guidelines range, which the court imposed at his sentencing hearing. But the 1995 guidelines were later…