February 13, 2014 - Court Granted 3.850 Motion Vacating Guilty Plea, Judgment, and Sentence

February 13, 2014, State Circuit Court Judge granted Mr. Kent's 3.850 motion for client P.N., vacating his guilty plea, judgment and sentence to ten years Florida State Prison and immediately thereafter the Court accepted a negotiated plea agreement tendered by Mr. Kent on behalf of N.P. reducing the prison portion of his sentence from ten to five years.  The probationary term of the original sentence and restitution remained as previously imposed.  The 3.850 motion argued that N.P. had not knowingly pled guilty to a first degree grand theft when his attorney both tendered a plea to first degree grand theft while at the same time continued to dispute the loss amount and asserted a loss amount below the grand theft $100,000 predicate.  The court found no ineffective assistance of counsel but instead found that the plea was not knowingly and intelligently entered.