David J. Prestano v. State

David J. Prestano appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. Prestano’s motion presented eight grounds for relief. We affirm the summary denial of each ground except for ground two—Prestano’s allegation that his counsel misadvised him as to the potential of his defense. Because the record on appeal does not conclusively refute this claim, we remand for further proceedings.

Prestano pleaded no contest to one count of leaving the scene of an accident that resulted in death (Count 1), one count of DUI manslaughter…