Duarte v. State

The defendant, Kristian Nicholas Duarte, was charged by the statewide prosecutor with one count of conspiracy to traffic in heroin, 28 grams or more. On September 13, 2004, with the assistance of his trial attorney, Duarte entered a negotiated plea agreement whereby he pleaded guilty in. return for a conviction on the lesser offense of conspiracy to traffic in heroin. Duarte did not file a direct appeal. His private postconviction counsel filed a rule 3.850 motion on October 20, 2006, raising three grounds.

First, Duarte alleged that the negotiated plea agreement accepted by the trial court…