Barney v. State

FULMER, Judge.

Eric Stearns Barney appeals the denial of his motion for postconviction relief asserting six grounds for reversal. Barney’s allegation that his plea was not voluntarily entered may have merit. We reverse and remand for further proceedings as to this issue only.

Barney claims that he entered his plea based upon trial counsel’s erroneous advice that sentencing as a habitual felony offender is mandatory. In light of the recent supreme court ruling that habitual felony offender sentencing is not mandatory, Burdick v. State, 594 So.2d 267 (Fla.1992), Barney claims that he was misled…