Stacy v. State

We reverse and remand the summary denial of Stacy’s motion for postconviction relief for the attachment of portions of the record that conclusively refute his claims of involuntary plea and ineffective assistance of counsel, or for an evidentiary hearing.

Just as in Robinson v. State, 792 So.2d 632 (Fla. 4th DCA 2001), the portions of the record supporting the summary denial reflect an ambiguity in connection with what was represented to be Stacy’s maximum sentence, in that the plea form which he signed was an outdated form which did not detail sentencing under the Criminal Punishment Code,…