HORACE MCCRAY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HORACE MCCRAY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
578 So. 2d 29
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Horace McCray, Jr. appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He contends that his plea was not voluntarily entered because it was based on erroneous advice regarding his eligibility to receive gain time while serving his prison sentence. If his allegation is true, he may be entitled to relief. Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990); Ray v. State, 480 So. 2d 228 (Fla. 2d DCA 1985).
Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court for further proceedings pursuant to Florida Rule of Criminal Procedure 3.850.
SCHOONOVER, C.J., and THREADGILL and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Griffin v. State, 644 So. 2d 351 (Fla. 3d DCA 1994)…itled to an evidentiary hearing on his 3.850 motion to set the plea aside. See Ortiz v. State, 622 So. 2d 131 (Fla. 3d DCA 1993); Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992); Carter v. State, 599 So. 2d 773 (Fla. 2d DCA 1992); McCray v. State, 578 So. 2d 29 (Fla. 2d DCA 1991); Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990). The order below denying the motion on its face is therefore reversed and the cause is remanded for further consistent proceedings.…
Authorities Cited
- RAY v. State, 480 So. 2d 228 (Fla. 2d DCA 1985)
- Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990)