Smith v. State

WELLS, Judge.

Derrick Smith appeals from an order denying his Florida Rule of Criminal Procedure 3.850 motion and an order denying his motion for rehearing thereon. While we agree with the trial court that Smith’s motion may be considered as timely filed, we do not agree that his motion is procedurally barred because his claim had to be raised on direct appeal.

Smith was sentenced following a plea during which he waived the right to appeal. Despite the fact that no appeal was available to Smith, he is still entitled to claim, via a Rule 3.850 motion, that his plea was involuntary because his…