Beene v. State

Gregory Beene appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Beene alleged that his open plea of no contest to a single count of lewd and lascivious exhibition was rendered involuntary because his counsel misadvised him regarding the sentence that would be imposed. Specifically, he claims that counsel advised him that he would be sentenced to 3 years in prison followed by 3 years of probation, but the trial court ultimately imposed a 10-year sentence followed by 5 years of probation.

The record on…