Cobb v. State

SHIVERS, Chief Judge.

This appeal is from the summary denial of Cobb’s motion for postconviction relief. We reverse and remand.

In 1987 Cobb pled nolo contendere to first degree murder, robbery and grand theft. She was convicted and sentenced, and she did not appeal. In October 1989 Cobb filed a Rule 3.850 motion seeking to withdraw her plea on the grounds of ineffective assistance of counsel and involuntariness of the plea. Her factual allegation is that the assistant public defender told her she would receive the death penalty if she did not plead nolo, and the plea was therefore coerced. The…