TERRY E. CHAMBLISS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying postconviction relief without attaching record exhibits refuting the claim.
Chambliss pleaded guilty to drug and probation violation charges, believing he would receive no more than a fifteen-year sentence. He appeals the summ…
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PER CURIAM.
Terry Chambliss appeals the summary denial of his motion for postconviction relief. We reverse.
Chambliss states that he is now serving a total sentence of twenty years. The sentence stems from a 1988 charge of purchasing cocaine, plus a violation of a probationary term imposed in 1981 for attempted armed robbery. Chambliss pled guilty to both offenses, but alleges that he did so believing he would receive no more than a fifteen-year sentence.
In denying the motion, the trial court failed to attach to its order any exhibits from the record which conclusively refute the claim that Chambliss entered his plea without a full appreciation of the possible consequences. Accordingly, we remand this case for further consideration of this issue.
An additional claim raised by the motion, regarding the calculation of Chambliss’s sentencing guidelines scoresheet, is without merit and the trial court properly denied relief on this ground.
Reversed.
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
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Bruno v. State, 837 So. 2d 521 (Fla. 1st DCA 2003)…State, 828 So. 2d 491, 492 (Fla. 1st DCA 2002); see also West v. State, 818 So. 2d 637, 638 (Fla. 1st DCA 2002); Bell v. State, 795 So. 2d 1140, 1141 (Fla. 1st DCA 2001); Rainey v. State, 741 So. 2d 1207, 1208 (Fla. 1st DCA 1999); Forshee v. State, 579 So. 2d 388, 389 (Fla. 2d DCA 1991); Jolly v. State, 392 So. 2d 54, 56 (Fla. 5th DCA 1981). III. The motion also alleges that defense counsel affirmatively misadvised ap [*524] pellant as to the length of time he would actually have to serve in prison. It ass…
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Aundra Akins v. State, 691 So. 2d 587 (Fla. 1st DCA 1997)…ffense. See Upshaw, supra; Zanger v. State, 548 So. 2d 746, 748 (Fla. 4th DCA 1989). In addition, the state has the option of withdrawing from the entire plea agreement. Williams v. State, 650 So. 2d 1054, 1055 (Fla. 1st DCA 1995); Forshee v. State, 579 So. 2d 388, 389 (Fla. 2d DCA 1991). Accordingly, the ease is affirmed in part, reversed in part, and remanded for further proceedings in accordance with this opinion. MINER, ALLEN and MICKLE, JJ., concur.…
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Fenter v. State, 632 So. 2d 685 (Fla. 2d DCA 1994)…uctured in such a way that Fenter must serve 10 years in prison.2 If these allegations are true, Fenter might be entitled to withdraw his plea on the theory he did not receive the sentence he understood he was to get. See, e.g., Chambliss v. State, 579 So. 2d 388 (Fla. 2d DCA 1991). Alternatively, if the present sentence structure is merely the result of clerical error, Fenter would be entitled to correction of sentence to reflect the actual intent of the parties at the time of Fenter’s plea. The circuit co…
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