Armstrong v. State

Phillip W. Armstrong appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Armstrong raised six claims, which the trial court denied based on its findings that they were conclusively refuted by the record or facially insufficient. We agree and affirm as to every claim but one. We reverse on the claim challenging the voluntary nature of Armstrong’s plea based on allegations that defense counsel provided erroneous advice regarding gain time. This claim was facially sufficient, see, e.g., Hoch v. State, 679 So.2d 847 (Fla.…