Garcia v. State

CASANUEVA, Judge.

Eduardo Garcia appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of his ineffective assistance of counsel claim without comment. However, we reverse and remand for the postconviction court to hold an evidential^ hearing on Mr. Garcia’s facially sufficient claim concerning the sentence the trial court ultimately imposed after Mr. Garcia failed to appear for his originally scheduled sentencing. The postconviction court erred in summarily denying Mr. Garcia’s claim that his failure to appear was not willful…