TRAVIS J. BENNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TRAVIS J. BENNETT, APPELLANT,
STATE OF FLORIDA, APPELLEE
724 So. 2d 161
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
GOSHORN, J.
Travis Bennett appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion which alleged ineffective assistance of trial counsel. Bennett asserts that his counsel misadvised him as to the maximum sentence he faced when entering his plea, and that absent counsel’s misadvice, he would not have entered his plea. The record and testimony adduced at the evidentiary hearing on Bennett’s motion support Bennett’s assertions. Accordingly, we reverse for Bennett to be allowed to withdraw his plea and proceed to trial.
REVERSED and REMANDED for further proceedings.
DAUKSCH and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilson v. State, 808 So. 2d 1270 (Fla. 3d DCA 2002)…sentences in the Y.O.A. cases. The undisputed facts clearly establish the accuracy of this contention, and that Wilson is entitled to relief as a matter of law on that basis. See Kemner v. State, 770 So. 2d 276 (Fla. 4th DCA 2000); Bennett v. State, 724 So. 2d 161 (Fla. 5th DCA 1998); Little v. State, 673 So. 2d 151 (Fla. 1st DCA 1996); Kelly v. State, 623 So. 2d 619 (Fla. 4th DCA 1993). The order under review is therefore reversed and the cause is remanded with directions to permit him to withdraw his pleas…