Martinez v. State

842 So.2d 900 (2003)

Juan MARTINEZ, Appellant,

v.

STATE of Florida, Appellee.

No. 2D02-5296.

District Court of Appeal of Florida, Second District.

February 12, 2003.

Ramon Carrion of Ramon Carrion, P.A., Clearwater, for Appellant.

ALTENBERND, Chief Judge.

Juan Martinez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand in light of the Florida Supreme Court's decision in Peart v. State, 756 So.2d 42 (Fla.2000).

In 1993, Mr. Martinez entered a plea of nolo contendere to a charge of aggravated assault. The…