Rivero v. State

The defendant, Jose Rivero, appeals from the denial of his rule 3.850 motion for postconviction relief, in which he claims that: (1) he was pressured into accepting the State’s plea offer because his lawyer had lost his “case file”; and (2) he had obtained newly discovered evidence that would have resulted in an acquittal had he proceeded to trial. Because the plea transcript unequivocally refutes the defendant’s first claim, and the evidence the defendant relies on is not newly discovered evidence or evidence that would likely produce an acquittal, the defendant’s motion *1177should have been…