GERRARD D. JONES, A/K/A TERRY L. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the record was insufficient to refute the defendant's claim that his guilty plea was motivated by an unfulfilled promise of leniency.
The defendant pleaded guilty to felony charges and was sentenced to thirty months followed by probation. He alleged his plea was motivated by detectiv…
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PER CURIAM.
Gerrard Jones appeals the summary denial of his motion for postconviction relief. The motion contains several grounds. With the one exception discussed below, it is insufficient on its face, and we affirm the trial court’s order of denial except for this one issue.
Jones entered pleas of guilty to numerous felony charges. He now alleges that his plea was motivated by promises from detectives that he would serve no more than two years. In fact, his sentence is thirty months followed by probation. If Jones’s allegation is true, the voluntary character of his plea would be called into question, and Jones might be entitled to withdraw that plea. Bullard v. State, 477 So. 2d 655 (Fla. 2d DCA 1985).
The record before us is not sufficient to refute this claim. Accordingly, we reverse for further proceedings on the question whether Jones’s plea was motivated by an unfulfilled promise of leniency. After remand the trial court should reexamine the files and records and determine whether anything therein conclusively refutes this portion of the motion. If so the court may again deny relief, attaching to its order the exhibits upon which it has relied. Otherwise an evidentiary hearing may be necessary. Anyone aggrieved by the subsequent actions of the trial court must file a timely notice of appeal to obtain further appellate review.
Affirmed in part, reversed in part, and remanded with instructions.
DANAHY, A.C.J., and HALL and BLUE, JJ., concur.
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Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995)…sentence, as described in Poore v. State, 531 So. 2d 161 (Fla.1988). However, this sentence appears to us to be an illegal, conditional suspended and alternative sentence. See Bryant v. State, 591 So. 2d 1102 (Fla. 5th DCA 1992). Cf. Silva v. State, 602 So. 2d 694 [*387] (Fla. 2d DCA 1992); Helton v. State, 611 So. 2d 1323 (Fla. 1st DCA 1993). Although the second sentence may have been illegal, Warrington agreed to this second sentence, enjoyed the benefit of release on community control, and did not complain…
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LEE v. State, 666 So. 2d 209 (Fla. 2d DCA 1995)…t, in January 1993, he was sentenced to 17 years’ imprisonment; however, the entire sentence was suspended, and Mr. Lee was placed on community control. We note that this court has authorized such a sentence as a true split sentence. Silva v. State, 602 So. 2d 694 (Fla. 2d DCA 1992). The Fifth District has held that such a sentence is an illegal, conditional suspended sentence. Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995). But see Helton v. State, 611 So. 2d 1323 (Fla. 1st DCA 1993) (finding that s…
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Helton v. State, 611 So. 2d 1323 (Fla. 1st DCA 1993)…munity control. Appellant’s community control was revoked, and the court imposed the challenged sentence. The original sentence imposed constituted a “true split sentence” even though the entire period of confinement was suspended. Silva v. State, 602 So. 2d 694 (Fla. 2d DCA 1992). Where a “true split sentence” has been imposed, “the sentencing judge in no instance may order a new incarceration that exceeds the remaining balance of the withheld or suspended portion of the original sentence.” Poore v. State,…
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