RICHARD L. HOWARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Richard Howard appeals the trial court’s denial of his Motion for Post-Conviction Relief. See Fla. R.Crim. P. 3.850. We reverse only on the issue of whether Howard’s plea agreement was voluntary.
According to Howard, his attorney erroneously advised him that he could receive gain time on his ten-year mandatory minimum sentence. As the record does not conclusively refute Howard’s claim, he is entitled to an evidentiary hearing on the matter, for which we remand this case to the trial court. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999).
We affirm the denial of the Rule 3.850 motion in all other respects. Affirmed in part, reversed in part, remanded with instructions.
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Citator
Cited By
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Lewis v. State, 892 So. 2d 1231 (Fla. 3d DCA 2005)…-subparagraph 893.135(l)(b)l.b., Florida Statutes (2002). As the record now before us does not conclusively refute that claim, the defendant is entitled to an evidentiary hearing. See State v. Leroux, 689 So. 2d 235, 238 (Fla.1996); Howard v. State, 879 So. 2d 656 (Fla. 3d DCA 2004); Bell v. State, 746 So. 2d 515, 516 (Fla. 3d DCA 1999). Accordingly the order now before us is reversed and the cause remanded for further proceedings consistent herewith.…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- GIL v. Kloster Cruise Ltd., 746 So. 2d 515 (Fla. 3d DCA 1999)