GEORGE GALLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant has raised claims of ineffective assistance of counsel, involuntary plea induced by promises of counsel regarding control release date and reduced probationary sentencing, and a claim of violation of double jeopardy. Appellant’s claim of violation of double jeopardy appears to have been properly rejected by the trial court. See United States v. Ursery, — U.S. —, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996); Chillington v. State, 682 So. 2d 1137 (Fla. 4th DCA 1996); State v. Powelson, 680 So. 2d 1089 (Fla. 4th DCA 1996). His claims of ineffective assistance of counsel fail to satisfy the elements of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). However, his claim of involuntary plea based on promises of counsel does rise to the level of legal sufficiency, and was not refuted by the portions of the record attached to the trial court’s order. See State v. Leroux, 689 So. 2d 235 (Fla.1996).
Therefore, we reverse and remand for attachment of portions of the record or an evidentiary hearing on this claim.
REVERSED AND REMANDED.
WARNER, KLEIN and GROSS, JJ., concur.
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Warren v. Shands Teaching Hosp. & Clinics, Inc., 700 So. 2d 702 (Fla. 1st DCA 1997)…plain language of the rule called for dismissal without prejudice, this court directed the trial court on remand to consider the six Kozel factors. The court noted that “to do otherwise would result in a manifest injustice.” But see Stahl v. Evans, 691 So. 2d 1184 (Fla. 4th DCA 1997)(Kozel does not pertain to rule 1.070(i) and is not controlling). In the present case, the trial court did not consider Kozel with reference to the 120-day rule violation. We believe it would be appropriate to do so in light of Cr…
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Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- United States v. Ursery, 518 U.S. 267 (U.S. 1996)
- Chillington v. State, 682 So. 2d 1137 (Fla. 4th DCA 1996)
- Carlo Gant v. State, 682 So. 2d 1137 (Fla. 2d DCA 1996)
- Petrandis v. Three Crowns & A. Stern, Inc., 680 So. 2d 1089 (Fla. 3d DCA 1996)