GARFIELD WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals a final order denying his 3.850 motion for postconviction relief in which appellant requested that he be allowed to withdraw his plea. Appellant claims that he only entered the plea because his attorney informed him he would serve less than a year on his ten-year sentence. Apparently, the sentence' contained a three-year minimum-mandatory portion.
The circuit court denied the motion on the basis that the plea agreement and the transcript of the proceedings demonstrated that the appellant was not entitled to relief. However, the circuit court failed to attach to its order a copy of the record that conclusively shows that appellant is not entitled to relief as required by rule 3.850. We, therefore, remand this case with directions to attach those portions of the record which conclusively demonstrate that appellant is not entitled to relief, or to conduct an evidentiary hearing. Hodges v. State, 633 So. 2d 1091 (Fla. 1st DCA 1993).
WOLF, WEBSTER and LAWRENCE, JJ., concur.
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Citator
Cited By
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Peterson v. State, 672 So. 2d 600 (Fla. 1st DCA 1996)…hat he would serve no more than ten months on the ten-year sentence. Affirmative misinformation supplied by trial counsel as to the actual time to be served on a sentence is a facially sufficient [*602] claim under Rule 3.850. See Williams v. State, 654 So. 2d 1309 (Fla. 1st DCA 1995). The plea colloquy in this case consisted of the trial court asking the defendant if he wished to admit the probation violation with the understanding that a ten-year sentence would be imposed; the court did not inquire whether a…
Authorities Cited
- Hodges v. State, 633 So. 2d 1091 (Fla. 1st DCA 1993)