SALVADOR RAYMUNDO ALVAREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*1259] PER CURIAM.
Salvador Raymundo Alvarez appeals the denial of his motion for postconviction relief pursuant to Rule 3.850. For the-following reasons, we reverse.
Alvarez claims his defense counsel misled him as to the amount of time he would actually serve on his concurrent fifteen-year sentences. He asserts that if he had not been misinformed regarding his eligibility for gain time and early release programs,- he would not have entered the plea.
“Misrepresentations by counsel as to the length of a sentence or eligibility for gain time can be the basis for postconviction relief in the form of leave to withdraw a guilty plea.” State v. Leroux, 689 So. 2d 235, 236 (Fla.1996). The State acknowledges that a hearing will be necessary 'to determine the merits of Defendant’s claim. •,
Reversed and remanded for an evidentiary hearing.
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Raulerson v. State, 763 So. 2d 285 (Fla. 2000)…ulerson, Gloster, and Keim, the Fifth District, First District, and Fourth District, respectively, discussed and analyzed whether section 322.34(1) is unconstitutional. Each of those district courts, along with the Third District in Pirtle v. State, 700 So. 2d 1258 (Fla. 3d DCA 1997) (adopting Raulerson analysis), and the Second District in State v. Crossno, 713 So. 2d 1093 (Fla. 2d DCA 1998) (adopting Keim analysis), determined that section 322.34(1) is constitutional, but the courts did so on different groun…1 / 2
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State v. Crossno, 713 So. 2d 1093 (Fla. 2d DCA 1998)…eit employing different rationales. See State v. Keirn, 23 Fla. L. Weekly D1144, — So. 2d - (Fla. 4th DCA May 6, 1998); State v. Gloster, 703 So. 2d 1174 (Fla. 1st DCA 1997), review granted, — So. 2d (Fla. May 15, 1998)(No. 92,235); Pirtle v. State, 700 So. 2d 1258 (Fla. 3d DCA 1997); Raulerson v. State, 699 So. 2d 339 (Fla. 5th DCA 1997), review granted, 709 So. 2d 537 (Fla.1998). We join in the view espoused by the Fourth District in State v. Keirn and hold that the statute is constitutional. Therefore, we…
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Alvarez v. State, 742 So. 2d 849 (Fla. 3d DCA 1999)…known that he would actually have to serve eight years, he would have opted for trial. The trial court summarily denied the defendant’s motion and this Court reversed, citing State v. Leroux, 689 So. 2d [*850] 235 (Fla.1996). See Alvarez v. State, 700 So. 2d 1258 (Fla. 3d DCA 1997). The case was then remanded to the trial court for a Leroux evidentiary hearing “to determine the merits of [the] defendant’s claim that he relied in good faith upon the erroneous advice of his attorney in entering the plea.” Stat…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)