Peters v. State

Japheth Peters challenges the order of the trial court summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Peters presented a facially sufficient claim that his plea was involuntarily entered because it was entered in reliance on the misadvice of counsel, and the attachments to the trial court’s order do not conclusively refute Peters’ claim. We reverse and remand for further proceedings.

Peters was charged by information with capital sexual battery. The State alleged that between January 31, 2000, and February 7, 2000, Peters…