JAVON OSLE YATES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Javon Osle Yates challenges the trial court’s denial of his postconvietion attack upon his plea and resulting sentence alleging that his trial counsel erroneously advised him about his eligibility to earn gain time on his habitual violent felony offender sentence. This affirmative misadviee, he contends, rendered his plea involuntary, and prompted him to enter the plea which he otherwise would have declined. The trial court denied this motion on the basis of answers Yates provided during the plea colloquy that no extra-record promises had been made to him to induce him to enter the plea. This court specifically rejected this rationale in Hoch v. State, 679 So. 2d 847 (Fla. 2d DCA 1996), and a few months later the supreme court reached the same conclusion in State v. Leroux, 689 So. 2d 235 (Fla.1996).
Accordingly, we reverse the order of denial and remand with instructions to the trial court to evaluate Yates’ claim on the basis of Leroux and Hoch.
BLUE, A.C.J., and FULMER and GREEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999)…his claim. See Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); see also Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999); Isaza v. State, 746 So. 2d 492 (Fla. 3d DCA 1999); Flores v. State, 717 So. 2d 161 (Fla. 3d DCA 1998); Yates v. State, 720 So. 2d 285 (Fla. 2d DCA 1998); Booth v. State, 687 So. 2d 335 (Fla. 3d DCA 1997). As the Florida Supreme Court has explained: A defendant who is informed by the court during the plea colloquy that he may have to serve every day of a ten-year sentence could h…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Hoch v. State, 679 So. 2d 847 (Fla. 2d DCA 1996)