MARGARET OCTAVE MURAD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MARGARET OCTAVE MURAD, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
691 So. 2d 1205
Florida District Court of Appeal, Third District (1997)
Opinion of the Court
PER CURIAM.
We reverse the order denying defendant’s Florida Rule of Criminal Procedure 3.850 motion as to ground two 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 the remaining portions of the order. Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Booth v. State, 687 So. 2d 335 (Fla. 3d DCA 1997)