Velez v. State

Jimmy Velez appeals the trial court’s order denying, without evidentiary hearing, his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

In his motion, Velez asserted two claims of ineffective assistance of his trial counsel:

1. Trial counsel provided affirmative misadvice which caused Velez to reject a “favorable” plea offer and proceed to trial. Velez claims that, but for the affirmative misadvice, he would have accepted the plea offer.

2. Trial counsel failed to properly move for a judgment of acquittal based…