Graham v. State

In ground two of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, Bobby Graham alleged that he would not have entered an open plea to five counts, including two third-degree felony charges, but for being assured that an expert witness was going to interview him and testify in mitigation at his sentencing. Because the lower court never addressed the relevant issue in denying relief as to ground two, we reverse and remand for further proceedings.

Mr. Graham’s trial counsel advised the court at his plea hearing that the defense would be seeking a…