William Faiella v. State

William Faiella (the defendant) appeals the final order summarily denying his'motion seeking post-conviction relief. See Fla. R. Crina. P. 3.850. Because ground one of the defendant’s motion is sufficiently pled and not refuted by the record, we reverse the summary denial of ground one. We affirm as to all other grounds.

In ground one of his motion, the defendant alleged that defense counsel rendered ineffective assistance of counsel by improperly advising him that he was not subject to Florida’s Civil Commitment of Sexually Violent Predators Act (commonly known as the Jimmy Ryce Act) when, in…