JEFFERY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-11-27
No. 91-2455
GUNTHER, J., concurs., LETTS, J., dissents without opinion.
589 So. 2d 1023 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 2 cases
Topics
Plea Agreement Habitual Offender Sentencing Ineffective Assistance Of Counsel

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Opinion of the Court
POLEN, Judge.

POLEN, Judge.

We affirm the trial court’s denial of appellant’s motion under Florida Rule of Criminal Procedure 3.850, except as to the claim that appellant received ineffective assistance of counsel, in that counsel told appellant that if he pleaded guilty, agreeing to habitual offender status, he would get one-third of the total time of incarceration taken off by the Department of Corrections, and would serve only five years of the sixteen-year sentence. (We are aware that simple mathematics reveals one-third off a sixteen year sentence would leave ten and two-thirds years to serve, not five years.)

As to that ground, we reverse the denial of the 3.850 motion, and direct the trial court either to attach portions of the files and records conclusively showing that appellant is entitled to no relief on that ground, or to conduct further proceedings consistent with Florida Rule of Criminal Procedure 3.850. See Rackley v. State, 571 So. 2d 533, 535 (Fla. 1st DCA 1990).

GUNTHER, J., concurs.

LETTS, J., dissents without opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • McCOY v. State, 598 So. 2d 169 (Fla. 1st DCA 1992)
    …lly sufficient ineffective assistance of counsel claim, if the defendant also alleges that the guilty plea would not have been entered but for his attorney’s advice. See Shaffner v. State, 562 So. 2d 430 (Fla. 1st DCA 1990). See also Jones v. State, 589 So. 2d 1023 (Fla. 4th DCA 1991); Lampkin v. State, 589 So. 2d 458 (Fla. 5th DCA 1991); Brown v. State, 588 So. 2d 658 (Fla. 2d DCA 1991); Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991); Colon v. State, 586 So. 2d 1305 (Fla. 2d DCA 1991). Similarly, a defe…
  • Beatty v. State, 647 So. 2d 266 (Fla. 4th DCA 1994)
    …l of the rule 3.850 motion, and direct the trial court to either hold an evidentiary hearing or attach portions of the files and records conclusively showing that appellant is not entitled to relief on each ground asserted above. See Jones v. State, 589 So. 2d 1023, 1024 (Fla. 4th DCA 1991). In all other respects, the trial court’s order is affirmed. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. DELL, C.J., and FARMER and STEVENSON, JJ., concur.…

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