Rohan McDonald v. State of Florida

Rohan McDonald appeals the summary denial of his rule 3.850 motion. Because the attachment to the order of denial does not conclusively refute his facially sufficient claim, we reverse.

McDonald entered a negotiated plea to five counts, three of which charged him with sexual battery on a victim over twelve years of age. Pursuant to the plea agreement, he was sentenced to ten years for count I, followed by concurrent terms of fifteen years of sex offender probation for each of counts II and III, and to time served for the other two counts.

McDonald filed a rule 3.850 motion arguing his plea was…