PATRICK D. ECCLESTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*369] PER CURIAM.
The appellant challenges an order by which his motions for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, were summarily denied. We are constrained by the Florida Supreme Court’s decision in State v. Leroux, 689 So. 2d 235 (Fla.1996), to reverse the trial judge’s order because the record attached to it, which includes the written plea agreements and the transcript of the plea hearing, does not conclusively refute the appellant’s allegations that his pleas were induced by misinformation from his trial counsel regarding the amount of time he would actually serve and whether he would be eligible for gain time and controlled release programs.
The order of summary denial is REVERSED and the case is REMANDED to-the trial court for an evidentiary hearing with regard to the allegations that the appellant’s guilty-pleas were induced by erroneous advice of counsel.
BARFIELD, C.J., JOANOS, J., and SMITH, Senior Judge, concur.
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Brazeail v. State, 821 So. 2d 364 (Fla. 1st DCA 2002)…Brown v. State, 245 So. 2d 41 (Fla.1971); Costello v. State, 260 So. 2d 198 (Fla.1972); Thompson v. State, 351 So. 2d 701 (Fla.1977); State v. Leroux, 689 So. 2d 235 (Fla.1996); Banks v. State, 136 So. 2d 25 (Fla. 1st DCA 1962); Eccleston v. State, 706 So. 2d 368 (Fla. 1st DCA 1998). These decisions were not founded on a theory of ineffectiveness of counsel. Indeed, all but Leroux and Eccleston were decided before the decisions in United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984),…
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Clemmons v. State, 919 So. 2d 657 (Fla. 1st DCA 2006)…, 519 So. 2d 605, 606 (Fla.1988); Dickey v. State, 30 Fla. L. Weekly D443, — So. 2d [*658] -, 2005 WL 350313 (Fla. 1st DCA Feb.15, 2005), rev. pending, No. SC05-0516; Brazeail v. State, 821 So. 2d 364, 366-68 (Fla. 1st DCA 2002); Eccleston v. State, 706 So. 2d 368, 369 (Fla. 1st DCA 1998). We, therefore, reverse the summary denial of the appellant’s claim for ineffective assistance of counsel and remand to the trial court for an evidentiary hearing or to refute the appellant’s claim with record attachments.…
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State v. Yeomans, 172 So. 3d 1006 (Fla. 1st DCA 2015)…Brown v. State, 245 So. 2d 41 (Fla.1971); Costello v. State, 260 So. 2d 198 (Fla.1972); Thompson v. State, 351 So. 2d 701 (Fla.1977); State v. Leroux, 689 So. 2d 235 (Fla.1996); Banks v. State, 136 So. 2d 25 (Fla. 1st DCA 1962); Eccleston v. State, 706 So. 2d 368 (Fla. 1st DCA 1998). These decisions were not founded on a theory of ineffectiveness of counsel.... The issue under the Florida decisions is not whether the defense counsel has blundered in some manner. The issue is instead whether the plea was ente…
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- State v. Leroux, 689 So. 2d 235 (Fla. 1996)