PAUL KEVIN JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1994-05-25
No. 94-0739
ANSTEAD, GLICKSTEIN and KLEIN, JJ., concur.
636 So. 2d 604 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse in part, and remand for an evidentiary 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 sentence. See Kelly v. State, 623 So. 2d 619 (Fla. 4th DCA 1993).

ANSTEAD, GLICKSTEIN and KLEIN, JJ., concur.


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  • Groves v. State, 668 So. 2d 1089 (Fla. 1st DCA 1996)
    …ounsel, the trial court should attach portions of the record that conclusively show that the appellant is entitled to no relief. Hayes v. State, 665 So. 2d 353 (Fla. 1st DCA 1995); Griffin v. State, 644 So. 2d 351 (Fla. 3d DCA 1994); Jones v. State, 636 So. 2d 604 (Fla. 4th DCA 1994); Carmichael v. State, 631 So. 2d 346 (Fla. 2d DCA 1994); Corbitt v. State, 584 So. 2d 231 (Fla. 5th DCA 1991). AFFIRMED. ERVIN, MICKLE and LAWRENCE, JJ., concur.…
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    …an evidentiary hearing only on his 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 sentence.” Jones v. State, 636 So. 2d 604, 604 (Fla. 4th DCA 1994). Following an evidentiary hearing after remand, the trial court made a factual finding that defendant entered the negotiated pleas to avoid a possible sentence of life imprisonment. The trial court rejected as untrue defend…

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