Nelson v. State
Nelson v. State
Opinion of the Court
Nelson appeals from the summary denial of his motion pursuant to Rule 3.850, Fla. R.Crim.P. alleging ineffective assistance of counsel and an incorrect sentence. We affirm in part and reverse in part.
With regard to his sentence, Nelson contends that, despite his guilty plea to four counts of attempted sexual battery of a child under eleven contrary to Section
Nelson further contends that his trial counsel was ineffective for failing to challenge the charging information as too vague and indefinite. The trial court held this allegation refuted by the information itself but fails to attach a copy thereof to his order. We therefore reverse and remand to the lower court with directions to reconsider this portion of the motion and either to attach those portions of the record conclusively refuting this allegation or, if it does not refute it, to conduct an evidentiary hearing on the issue. See Van Meter v. State, 527 So.2d 306 (Fla. 1st DCA 1988).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.