McMillion v. State

Appellant challenges the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

Appellant claimed trial counsel rendered ineffective assistance by leading him to believe that he would receive probation in exchange for his plea of nolo contendere to the charge of sexual battery. The trial judge correctly determined that the motion was legally insufficient because appellant did not allege that he would not have entered the plea had he been properly informed. Richardson v. State, 677 So.2d 43 (Fla. 1st DCA…