TEETS v. STATE (2023)

District Court of Appeal of Florida, Fourth District.

Royce TEETS, Appellant, v. STATE of Florida, Appellee.

No. 4D2023-0611

Decided: November 22, 2023

Royce Teets, Monticello, pro se. Ashley Moody, Attorney General, Tallahassee, and Alexandra A. Folley, Assistant Attorney General, West Palm Beach, for appellee.

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.

Per Curiam.

Klingensmith, C.J., Ciklin and Forst, JJ., concur.

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