BILLY A. LITTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In Little v. State, 659 So. 2d 1379 (Fla. 1st DCA 1995), we affirmed the trial court’s summary denial of Little’s Florida Rule of Criminal Procedure 3.850 motion. We concluded that the motion was facially insufficient to support the granting of any relief because all factual allegations were set forth in an unsworn memorandum of law. Our affirmance was without prejudice to Little’s right to resubmit his motion with a proper oath. Little subsequently resubmitted his motion with a proper oath, and the motion was again summarily denied by the trial court. This appeal is from that ruling.
We affirm the trial court’s ruling on all but one of Little’s claims. Little asserted that his counsel affirmatively misadvised him as to his provisional gain time credit eligibility and as to the length of time he would actually serve on his negotiated twenty-five year sentence. He asserts that he only entered his plea because of this misadvice. These allegations sufficiently allege a colorable claim of ineffective assistance of counsel. See e.g., Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992). Accordingly, as to this ineffective assistance of counsel claim, we reverse the trial court’s ruling and remand for the trial court to either grant an evidentiary hearing or again deny the claim with an order which includes attachments from the trial court files and records conclusively showing that Little is entitled to no relief on this claim.
The order is affirmed in part and reversed in part, and the case is remanded.
ALLEN and MICKLE, JJ., and SHIVERS, Senior Judge, concur.
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Bruno v. State, 837 So. 2d 521 (Fla. 1st DCA 2003)…onounced at sentencing). These allegations are sufficient to state a claim of ineffective assistance of counsel.2 See State v. Leroux, 689 So. 2d 235, 236-37 (Fla.1996); Brazeail v. State, 821 So. 2d 364, 367-68 (Fla. 1st DCA 2002); Little v. State, 673 So. 2d 151, 151 (Fla. 1st DCA 1996). Nothing in the plea colloquy or the plea agreement refutes this claim. IV. Accordingly, we reverse the order under review insofar as it fails to set aside the castration provision in appellant’s sentence and remand with d…
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Webster v. State, 744 So. 2d 1033 (Fla. 1st DCA 1999)…se statements did not, however, conclusively refute, or even adequately meet, the present allegations of affirmative misadvice concerning the proof necessary to support the elements of the crime with which appellant was charged. Cf. Little v. State, 673 So. 2d 151, 151 (Fla. 1st DCA 1996) (“Little asserted that his counsel affirmatively mi-sadvised him as to his provisional gain time credit eligibility and as to the length of time he would actually serve on his negotiated twenty-five year sentence. He asserts…
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Thames v. State, 702 So. 2d 1368 (Fla. 1st DCA 1997)…ty jail. Appellant alleged in his motion that absent counsel’s misadviee, he would not have entered his plea to the violations. These allegations sufficiently allege a colorable claim of ineffective assistance of counsel. See, e.g., Little v. State, 673 So. 2d 151 (Fla. 1st DCA 1996); Eady v. State, 604 So. 2d 559, 561 (Fla. 1st DCA 1992). Because the only record excerpt attached to the trial court’s order denying relief does not conclusively refute this claim, we reverse and remand either for attachment of r…
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- Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992)
- Little v. State, 659 So. 2d 1379 (Fla. 1st DCA 1995)