Scott v. State

ALTENBERND, Judge.

Michael Delano Scott appeals an order summarily denying his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

The state charged Mr. Scott with armed robbery and possession of a firearm by a convicted felon. At the hearing where Mr. Scott changed his plea to nolo contendere, the judge explained to his attorney: “All I can tell you, [counsel], is on a plea I’m inclined to remain within the recommended range.” After a brief discussion with his attorney, Mr. Scott agreed to the plea. When he…