LAUREL EHRLICH CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*774] PER CURIAM.
Laurel Carter appeals the summary denial of her postconviction relief motion filed pursuant to Florida Rule of Criminal Procedure 3.850. One of her allegations is that her guilty plea was not voluntarily entered because it was based upon erroneous advice from her lawyer regarding the gain time that Carter was eligible to receive while serving her prison sentence. If her allegation is true, she 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). We affirm the trial court’s denial of the other points raised by the appellant.
Accordingly, we reverse in part the trial court’s denial of the 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 DANAHY and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Griffin v. State, 644 So. 2d 351 (Fla. 3d DCA 1994)…s” on the agreed sentence. Griffin was therefore entitled 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 proceed…
Authorities Cited
- RAY v. State, 480 So. 2d 228 (Fla. 2d DCA 1985)
- Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990)