Nelson v. State

Sylvester Nelson (Appellant) appeals the denial of his motion for post conviction relief alleging ineffectiveness of counsel. We reverse and remand.

The State charged Appellant with Attempted Second Degree Murder and Aggravated Battery. He shot at his victim twice, missing him with the first shot but wounding him with the second. He claimed in his motion that his attorney informed him he could be convicted and sentenced on both charges. Consequently, he pled guilty to both charges and negotiated a bottom of the guidelines sentence in which he received two concurrent sentences of 69 months…