Bevans v. State

Ronald Ray Bevans appeals the denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm except insofar as his claim of ineffective assistance of counsel hinges on affirmative misadvice of counsel. We reverse in part and remand for a supplemental evidentiary hearing on whether he relied on the misadvice in deciding to go to trial.

The trial court did not reach the question of reliance because it did not recognize the misadvice as such. Mr. Bevans was convicted after trial on one count of kidnapping in violation of section 787.01(3)(a), Florida…