RODOLFO G. ORTIZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Because the scant plea colloquy in the trial court and the balance of the record in this cause fails to conclusively refute the appellant Rodolfo G. Ortiz’ facially viable claim that his nolo contendere plea in the cause was not freely and voluntarily entered because (a) he thought he was pleading nolo contendere to one robbery charge, rather than a series of criminal charges [including a third-degree murder charge] which, in fact, took place, and (b) he was misled by his counsel into believing that he could not receive a three-year mandatory minimum sentence which, in fact, he received — we reverse the trial court order under review which summarily denies the appellant’s motion to vacate judgment and sentence filed pursuant to Fla.R.Crim.P. 3.850 and remand the cause to the trial court with directions to conduct an evidentiary hearing on the appellant’s above-stated involuntary plea claim. Fla.R.Crim.P. 3.850(a), (d); Fla.R.App.P. 9.140(g); State v. Weeks, 166 So. 2d 892, 897 (Fla.1964); State v. Coban, 520 So. 2d 40 (Fla.1988).
Reversed and remanded.
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)…was induced by his counsel’s erroneous advice that he “would be eligible for controlled release credits” 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 denyin…
Authorities Cited
- State v. Weeks, 166 So. 2d 892 (Fla. 1964)
- State v. Coban, 520 So. 2d 40 (Fla. 1988)