Dylan Harris v. State

' PALMER, J,

Dylan Harris (the defendant) appeals the post-conviction court’s order summarily denying his motion for post-conviction relief. See Fla. R. App. P. 3.850. Because claim two of the defendant’s motion is sufficiently pled and not refuted by the record, we reverse the summary denial of same. We affirm in all other respects.

The defendant filed a rule 3.850 motion alleging, in claim 2, that counsel was ineffective for failing to inform him of a five-year plea offer. The motion alleged that, during the plea hearing, the defendant overheard a conversation between defense counsel and the…