Marvisha McGregor v. The State of Florida

Summary

The Third District Court of Appeal reversed the summary denial of Marvisha McGregor’s Florida Rule of Criminal Procedure 3.850 motion. The court held that the record attachments did not refute her allegation that counsel failed to advise her of a possible defense before she entered a guilty plea and remanded for an evidentiary hearing.

Holdings

1. Summary denial was improper because the attachments to the trial court's order did not refute McGregor's allegations that counsel failed to advise her of a possible defense and that she would not have pleaded guilty had she known of it.

Questions Presented

1. Whether the trial court properly summarily denied McGregor's Rule 3.850 motion alleging that counsel failed to advise her of a possible defense and that she would not have pleaded guilty had she been properly advised.
2. Whether the allegations and record required an evidentiary hearing.

Disposition

reversed_and_remanded