Walker v. State

Andrea Walker appeals the order denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm the denial of ground one without comment. Because the court failed to address ground two, we reverse and remand for further proceedings.

In ground two of his motion, Mr. Walker alleged his sentences are illegal because they exceed the statutory maximum. Mr. Walker contended that he must be allowed to withdraw his plea or be resentenced. This is a cognizable claim in a motion for postconviction relief. See Fla. R.Crim. P. 3.850(a)(4); Gonzalez v. State,…