Gosnell v. State
Gosnell v. State
Opinion of the Court
This appeal is from the summary denial of a motion seeking postconviction relief under Florida Rule of Criminal Procedure 3.850. Appellant’s first three points in his motion were legally insufficient and were properly denied by the trial court. As to his fourth point, however, appellant alleges that the felony sentencing he received violated a plea bargain in which a felony auto theft charge was to be reduced to a misdemeanor of unauthorized use of a motor vehicle. If this allegation is true, appellant might be entitled to postconviction relief. The trial court, however, failed to conduct an evidentiary hearing or attach portions of the record which refute this allegation.
AFFIRMED IN PART, REVERSED IN PART, and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.