Mitchell v. State

KELLY, Judge.

Michael Mitchell appeals from the order summarily denying his motion for postcon-viction relief filed under Florida Rule of Criminal Procedure 3.850. Because Mitchell’s claim that his defense counsel failed to convey a plea offer was not refuted by the record, we reverse for an eviden-tiary hearing.

Mitchell was originally charged in count I with leaving the scene of a crash involving death and in count II with driving with a suspended license. The State later amended the information to add count III, vehicular homicide. Mitchell entered an open guilty plea to counts I and II in…