Huerta v. State

SLEET, Judge.

•Abel Alonso Huerta appeals the summary denial of his timely amended Florida Rule of Criminal Procedure 3.850 motion for postconviction relief as facially insufficient. We reverse the postconviction court’s order and remand for consideration of the motion on its. merits because Huerta’s motion stated a facially sufficient claim for relief under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).

To state a facially sufficient claim for postconviction relief, a movant must allege “that counsel’s performance was deficient [and] ... that the deficient…