HERBERT HOOVER KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1993-09-08
No. 93-1742
ANSTEAD, HERSEY and FARMER, JJ., concur.
623 So. 2d 619 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

[*620] PER CURIAM.

We reverse and remand for an evidentiary hearing on appellant’s claim that he would not have pleaded guilty if he had known that information concerning his sentence given to him by his counsel prior to the plea was incorrect. See Corbitt v. State, 584 So. 2d 231 (Fla. 5th DCA 1991). We are particularly concerned because appellant has proffered a copy of an alleged letter from counsel which, although dated the day after the sentencing, is some evidence supporting appellant’s allegations as to counsel’s advice.

ANSTEAD, HERSEY and FARMER, JJ., concur.

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  • Steel v. State, 684 So. 2d 290 (Fla. 4th DCA 1996)
    …here was no independent evidence to support his self-defense claim. A claim that misinformation supplied by counsel induced a defendant to reject a favorable plea offer can constitute actionable ineffective assistance of counsel. See Kelly v. State, 623 So. 2d 619 (Fla. 4th DCA 1993); Young v. State, 625 So. 2d 906 (Fla. 2d DCA 1993); Young v. State, 608 So. 2d 111 (Fla. 5th DCA 1992). On remand, defendant must establish that if he had been correctly advised, he would have accepted the plea offer and that his…
  • Jones v. State, 636 So. 2d 604 (Fla. 4th DCA 1994)
    …ary hearing on appellant’s claim that he received ineffective assistance of counsel by virtue of his counsel’s erroneous advice that he would receive gain time and other credit while serving his habitual offender [*605] sentence. See Kelly v. State, 623 So. 2d 619 (Fla. 4th DCA 1993). ANSTEAD, GLICKSTEIN and KLEIN, JJ., concur.…
  • Wilson v. State, 808 So. 2d 1270 (Fla. 3d DCA 2002)
    …d that Wilson is entitled to relief as a matter of law on that basis. See Kemner v. State, 770 So. 2d 276 (Fla. 4th DCA 2000); Bennett v. State, 724 So. 2d 161 (Fla. 5th DCA 1998); Little v. State, 673 So. 2d 151 (Fla. 1st DCA 1996); Kelly v. State, 623 So. 2d 619 (Fla. 4th DCA 1993). The order under review is therefore reversed and the cause is remanded with directions to permit him to withdraw his pleas in case numbers 85-5518, 85-7625, 85-7884, 85-19261 and 85-12883D.3 Reversed and remanded. . The senten…

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