Spargo v. State

Douglas Spargo seeks review of the order denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. In his motion, appellant asserted that his trial counsel was ineffective by failing to adopt appellant’s motion to withdraw his guilty plea prior to sentencing on the ground that the plea had never been formally accepted by *356the trial court. For the reasons that follow, we reverse and remand for further proceedings.

In the trial court, appellant pled guilty to second degree murder and was sentenced to life imprisonment. We affirmed the judgment and…