Henry v. State

The appellant challenges the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of grounds one and three of the motion without further discussion. However, we reverse and remand the denial of ground two, the appellant’s claim that he rejected a plea based on the misadvice of counsel as to the applicability and consequences of the prison releasee reoffender statute, for an evidentiary hearing. See Cottle v. State, 733 So.2d 963 (Fla.1999); Roundtree v. State, 884 So.2d 322 (Fla. 2d DCA 2004) (holding that claim of…