Ortiz v. State

In trial court case numbers 04-916 and 05-28921B, as a result of a February 2016 negotiated plea, appellant Frank Ortiz was sentenced to seventy-three months in state prison for violating his probation after testing positive for using a controlled substance. 1 In his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850(a), Ortiz claimed his trial counsel was constitutionally ineffective because he: (1) did not advise Ortiz about the gain time and conditional release consequences of his plea; and (2) did not present mitigating evidence at the sentencing…