JOHNNY FLOYD BOOTH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Gain Time Eligibility cases and more on FLexlaw
PER CURIAM.
Johnny Floyd Booth appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.
In point 4 of the sworn 3.850 motion, defendant-appellant Booth states that he was affirmatively advised by his attorney that he would be eligible for 25 days per month gain time. Because of the nature of his offenses, in reality he is eligible for only 20 days per month gain time. Defendant further asserts that had he been correctly advised, he would not have entered the plea, and he asks to withdraw the plea.
As to this issue, the trial court order is reversed and the cause remanded for an evidentiary hearing on authority of State v. Leroux, 689 So. 2d 235 (Fla.1996). We express no view on the merits of the motion. We remind defendant that in the event the plea is set aside and defendant is subsequently convicted, the trial court is free to impose any legal sentence, and such sentence can exceed the present plea-bargained sentence. See Alabama v. Smith, 490 U.S. 794, 109 S.Ct. 2201, 104 L.Ed.2d 865 (1989).
We affirm the trial court’s denial of relief on defendant’s remaining 3.850 claims.
Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Execu-Tech Bus. Sys., Inc. v. NEW OJI Paper Co. Ltd., 752 So. 2d 582 (Fla. 2000)…a response claiming that the Florida court lacked personal jurisdiction to proceed against New Oji. The trial court agreed and dismissed the complaint against New Oji. The district court affirmed and certi [*584] fied conflict with Wilcox v. Stout, 687 So. 2d 335 (Fla. 2d DCA 1994), wherein the district court held that a trial court may properly exercise personal jurisdiction over a foreign corporation based on a conspiracy theory of liability under Florida’s long-arm statute. New Oji asserts that the follo…
-
Murad v. State, 691 So. 2d 1205 (Fla. 3d DCA 1997)…of her motion and remand for an evidentiary hearing as the record does not conclusively refute defendant’s allegations as to her attorney’s misad-vice concerning gain-time eligibility. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Booth v. State, 687 So. 2d 335 (Fla. 3d DCA 1997). On remand, the court must conduct a hearing “to determine the merits of ... defendant’s claim that [she] relied in good faith upon the erroneous advice of [her] attorney in entering a plea.” Leroux, 689 So. 2d at 238. We affirm…
-
Roth v. State, 704 So. 2d 547 (Fla. 3d DCA 1997)…defendant’s motion and remand for an evidentiary hearing as the record does not conclusively refute defendant’s allegations as to his attorney’s misadvice concerning gain-time eligibility. State v. Leroux, 689 So. 2d 235 (Fla.1996); Booth v. State, 687 So. 2d 335 (Fla. 3d DCA 1997). On remand, the court must conduct a hearing “to determine the merits of ... defendant’s claim that he relied in good faith upon the erroneous advice of his attorney in entering a plea.” Leroux, 689 So. 2d 235. We affirm the rem…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alabama v. Smith, 490 U.S. 794 (U.S. 1989)
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)