Hernandez v. State

Appellant Felix Hernandez appeals the trial court’s summary denial of his motion to withdraw his plea. Appellant contends the plea was involuntarily made. We hold that Appellant is entitled to an evidentiary hearing on his motion to withdraw, and remand to the trial court to conduct an evidentiary hearing to determine if Appellant’s plea was involuntary.

Background

On August 26, 2015, pursuant to an agreement with the State, Appellant entered a no contest plea to three counts of lewd or lascivious molestation. The court sentenced Appellant to ten years of sex offender probation with GPS…