Peterson v. State

Kenneth Peterson appeals the trial court’s denial of his Rule 3.850 motion alleging that trial counsel affirmatively misinformed him that he would serve only ten months of the ten-year sentence imposed on his plea of guilty to violation of probation. We reverse and remand for further proceedings.

Mr. Peterson appeared on November 4, 1993, after his arrest on charges of violating conditions of probation requiring that he maintain stable employment and that he pay certain fees and costs. Appellant attempted to enter an uncounselled guilty plea, at which time the state announced its intention to…