ALLEN TODD BENNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Allen Todd Bennett appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. One of Bennett’s allegations is that his lawyer gave him erroneous advice regarding the gain time that Bennett was eligible to receive while serving his prison sentence. If his allegation is true, he 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.
SCHEB, A.C.J., and CAMPBELL and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bennett v. State, 597 So. 2d 391 (Fla. 2d DCA 1992)…ncerning the consequences of gain time. After an appeal of the denial of his first motion, this court reversed the trial court’s denial of the motion as to that one issue and remanded to the trial court for further proceedings. See Bennett v. State, 579 So. 2d 387 (Fla. 2d DCA 1991). Following an evidentiary hearing in the trial court, the trial court concluded that Bennett’s attorney did give him erroneous information concerning the accrual of gain time. Bennett was given the option of withdrawing his plea…
Authorities Cited
- RAY v. State, 480 So. 2d 228 (Fla. 2d DCA 1985)
- Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990)