Birch v. State

Appellant challenges the summary denial of his rule 3.850 motion for post-conviction relief based upon alleged ineffective assistance of counsel. We reverse because the record does not conclusively refute Appellant’s allegations.

Appellant alleges that the State offered to allow him to plead guilty to unlawful sale and delivery of cocaine in exchange for an agreed sentence of 18 months in prison. Appellant further alleges that he accepted this offer, communicated his acceptance of the offer to his trial counsel, but that his counsel did not inform the State that he had accepted the offer. As a…