Bush v. State

Appellant Larry Bush appeals the trial court’s summary denial of his rule 3.850 motion. Bush argues the trial court erred in summarily denying his rule 3.850 motion as he entered his guilty plea based on erroneous advice of counsel. We reverse and remand for further proceedings.

“To establish a claim that defense counsel was ineffective, a defendant must establish deficient performance and prejudice, as set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).” Zakrzewski v. State, 866 So.2d 688, 692 (Fla.2003).

As to the first prong, deficient performance, a…