BOBBY LEE LEONARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Montgomery v. State, 615 So. 2d 226 (Fla. 5th DCA 1993)
  …release sufficient to cast doubt on voluntary nature of plea); Bell v. State, 602 So. 2d 693 (Fla. 2d DCA 1992) (record did not refute claim that counsel erroneously promised defendant he would be eligible for certain gain time); Middleton v. State, 603 So. 2d 46 (Fla. 1st DCA 1992) (written plea did not refute claim that counsel mi-sadvised defendant as to eligibility for incentive gain time which was only reason defendant entered plea); Small v. State, 600 So. 2d 518 (Fla. 5th DCA 1992) (claim in direct ap…
• Regan v. State, 730 So. 2d 828 (Fla. 1st DCA 1999)
  …ould apply equally under these facts; both involve alleged misrepresentations about the amount of time a client will actually serve on a particular sentence that is the subject of a plea offer. Davis, 697 So. 2d at 959; see also Middleton v. State, 603 So. 2d 46, 47-48 (Fla. 1st DCA 1992). Nothing else of record refutes the claim that Mr. Regan entered his plea because he relied on defense counsel’s erroneous advice that all of his sentences would ran concurrently. We therefore remand for the trial court to…
• Smith v. State, 718 So. 2d 223 (Fla. 1st DCA 1998)
  …e impossibility of carrying out the expected sentences). The trial court’s attachments (including the plea form and the transcript of the plea hearing) do not conclusively refute the allegations of affirmative misrepresentations. Middleton v. State, 603 So. 2d 46 (Fla. 1st DCA 1992) (plea agreement did not conclusively refute allegation in postcon-viction motion that trial counsel’s misleading advice had induced entry of guilty plea, and summary denial of motion was improper as to claim that counsel may have…

Authorities Cited

• Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
• Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991)
• Young v. State, 598 So. 2d 1084 (Fla. 4th DCA 1992)