BEVANS v. STATE

No. 1D11-0226.

75 So.3d 345 (2011)

Ronald Ray BEVANS, a/k/a Ronald Ray Bevens, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 16, 2011.


Attorney(s) appearing for the Case

Ronald Ray Bevans , pro se, Appellant.

Pamela Jo Bondi , Attorney General, Christine Ann Guard , Assistant Attorney General, and Chelsea England , Certified Legal Intern, Tallahassee, for Appellee.


BENTON, C.J.

Ronald Ray Bevans appeals the denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm except insofar as his claim of ineffective assistance of counsel hinges on affirmative misadvice of counsel. We reverse in part and remand for a supplemental evidentiary hearing on whether he relied on the misadvice in deciding to go to trial.

The trial court did not reach the question of reliance because it did...

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