ROYCE TEETS
v.
STATE OF FLORIDA
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A defendant's rule 3.850 claim alleging ineffective assistance of counsel based on failure to advise of sentencing exposure and unavailable defenses is legally sufficient and not refuted by the record when the defendant claims he would have accepted a plea offer had he received proper advice.
[1] A defendant's rule 3.850 claim alleging ineffective assistance of counsel for failure to advise of sentencing exposure and availability of defenses is legally sufficient…
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Join FLexlaw to unlock all legal intelligenceRoyce Teets was convicted and appealed a summary denial of his rule 3.850 motion for post-conviction relief. Teets claimed his counsel failed to prope…
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PER CURIAM.
Royce Teets appeals an order summarily denying his rule 3.850 motion for post-conviction relief. Teets argues that he would have accepted the state’s 30-year plea offer had counsel properly advised him that he was facing a thirty-year sentence for counts two and three, and that he did not have a stand your ground defense at trial. This claim is legally sufficient and not refuted by the record. We therefore reverse the order denying his rule 3.850 motion and remand for the trial court to hold an evidentiary hearing on ground one. We affirm without comment as to the other claims raised in Teets’ motion. Reversed and remanded with instructions. KLINGENSMITH, C.J., CIKLIN and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.