DEWAYNE R. MCLENDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-02-13
No. 87-248
LEHAN, A.C.J., and SANDERLIN, J., concur.
502 So. 2d 101 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 5 cases
Topics
Involuntary Plea Withdrawal Of Guilty Plea Postconviction Relief

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Opinion of the Court
HALL, Judge.

HALL, Judge.

DeWayne McLendon appeals from the summary denial of his motion for postcon-viction relief. We reverse for further proceedings.

McLendon alleges that his plea of guilty to a series of several felony charges was involuntary because his attorney promised him a more lenient sentence than the twenty-five years he actually received. If true, these allegations might justify withdrawal of the plea. See, e.g., Bullard v. State, 477 So. 2d 655 (Fla. 2d DCA 1985). However, the trial court failed to attach any evidence from the record that would refute McLen-don’s claim. After remand the court may again deny the motion, assuming the files and records in the case conclusively support a finding that McLendon is not entitled to relief, or the court may direct the state to file a response to the motion. If he desires further appellate review McLen-don must file a notice of appeal within thirty days of any further order denying the motion for postconviction relief.

Reversed.

LEHAN, A.C.J., and SANDERLIN, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Colon v. State, 586 So. 2d 1305 (Fla. 2d DCA 1991)
    …y apprised his client that the charges carried a mandatory life sentence. However, Colon also alleges that counsel said he would “only have to do two years on this sentence.” If true, this could entitle Colon to relief. See, e.g., McLendon v. State, 502 So. 2d 101 (Fla. 2d DCA 1987) (counsel promised more lenient sentence than that actually imposed); Ray v. State, 480 So. 2d 228 (Fla. 2d DCA 1985) (counsel misled defendant as to effect of plea on eligibility for gain time). The record before us does not concl…
  • Prezell Wilson v. State, 593 So. 2d 1216 (Fla. 2d DCA 1992)
    …lleges he did not know that he had been sentenced as a habitual felony offender until he was in prison. If this allegation is true, then Mr. Wilson may be entitled to relief. See Wilson v. State, 559 So. 2d 733 (Fla. 2d DCA 1990); McLendon v. State, 502 So. 2d 101 (Fla. 2d DCA 1987). The trial judge, however, failed to attach to his order any portion of the files or record to refute Mr. Wilson’s allegation. Accordingly, we reverse the order denying Mr. Wilson’s motion and remand the case to the trial court.…
  • Clifford v. State, 513 So. 2d 772 (Fla. 2d DCA 1987)
    …serving no more than ten years. If this allegation is true, and Clifford was not otherwise apprised of the mandatory minimum sentence prior to the acceptance of his plea, Clifford might be entitled to withdraw the plea. See, e.g., McLendon v. State, 502 So. 2d 101 (Fla. 2d DCA 1987); Perez v. State, 449 So. 2d 407 (Fla. 2d DCA 1984). Although a review of the plea colloquy might very well have resolved this motion, the circuit court did not attach to its order any evidence from the record refuting Clifford’s…

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