Creek v. State

Appellant, Ronnie Creek, violated his probation, on which he was placed for the crimes of burglary of a conveyance, battery on a person sixty-five years of age or older and criminal mischief. Creek admitted to having violated his probation, pled open to the court, and was sentenced to sixty months in state prison. His attorney then filed a motion for rehearing and to set aside his plea, which was treated as a motion pursuant to Florida Rule of Criminal Procedure 3.170(1). The motion alleged that, after sentencing, the attorney discovered for the first time that Creek suffers from severe…