Martinez v. State

Nelson Tamayo Martinez appeals an order denying his second motion for post-conviction relief under Florida Rule of *29Criminal Procedure 3.850. We remand for further proceedings.

Defendant-appellant Martinez alleges that his counsel was ineffective for affirmatively misadvising him about the amount of time he could be sentenced to if he proceeded to a hearing on revocation of probation, as opposed to accepting a favorable fifteen-month plea offer from the State. Before the revocation hearing began, defense counsel stated on the record that if the defendant rejected the fifteen-month offer, “he is…