JACQUELINE TARPLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant's plea may be involuntary if based on erroneous advice from counsel regarding gain time and work release eligibility.
Appellant pleaded guilty to multiple charges based on her attorney's advice that she would be eligible for administrative gain time and work release, …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Administrative Gain Time cases and more on FLexlaw
PER CURIAM.
Jacqueline Tarpley appeals the summary denial of her motion for postconviction relief. We reverse.
Tarpley was one of several defendants charged with the abduction, rape, and attempted murder of a female victim. Tarp-ley was permitted to plead guilty to ten of the twelve counts set forth in the information, seven of which were also reduced to lesser offenses. A sentence of twenty years in prison, followed by ten years probation, was imposed; this represented the recommended sentence under sentencing guidelines. Tarpley now alleges that her decision to accept the plea was based on advice from trial counsel to the effect she would be eligible for both administrative gain time and work release, and that she would actually serve no more than seven years in prison. In fact, because of her conviction for sexual battery, Tarpley is eligible for neither. See §§ 944.277(l)(c), 945.091(3), Fla.Stat. (1989).
If a defendant, deciding whether to enter a plea, relies upon erroneous advice regarding the effect of gain time and similar provisions, the voluntary character of the plea may be undercut. Ray v. State, 480 So. 2d 228 (Fla.2d DCA 1985). We believe that Tarpley has made the requisite showing of prejudice, subject of course to rebuttal by evidence from the record or, failing that, live testimony. The trial court’s order recites only that Tarpley’s motion is “denied.” Accordingly, we must remand this case for further proceedings pursuant to Florida Rule of Criminal Procedure 3.850.
Reversed.
DANAHY, A.C.J., and FRANK and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
-
Simmons v. State, 611 So. 2d 1250 (Fla. 2d DCA 1992)…abitual felony offender. See § 775.084(4)(e), Fla. Stat. (1991). We have previously held that a defendant may be entitled to withdraw his plea if he establishes that he was misled about the possible effect of gain time. See, e.g., Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990); Ray v. State, 480 So. 2d 228 (Fla. 2d DCA 1985). Tarpley involved a sex offender who asserted that she was promised both administrative gain time and work release. The attorney in Ray was alleged to have incorrectly assured the d…
-
Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992)…cumstances, the defendant’s showing of prejudice is subject to rebuttal by evidence from the record or live testimony at an evidentiary hearing. See Rackley, 571 So. 2d at 535; Gonzalez v. State, 590 So. 2d 1080 (Fla. 2d DCA 1991); Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990). See also Levens. In the instant case, the allegations of appellant’s motion bring it under the rule applied in Rackley and Tarpley, rather than the rule pronounced in Wright. Appellant alleged that his decision to plead guilty w…
-
Hoch v. State, 679 So. 2d 847 (Fla. 2d DCA 1996)…och is a sex offender. This allegation of reliance on affirmative misinformation regarding gain time has been deemed facially sufficient by this court as well as others in Florida. Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992); Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990). During Hoch’s plea colloquy, when the trial judge asked him if he had been promised anything in exchange for the plea besides what developed of record during that proceeding, he replied in the negative. At least one appellate co…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- RAY v. State, 480 So. 2d 228 (Fla. 2d DCA 1985)