WILLIAM EARL SIEBERT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIAM EARL SIEBERT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
730 So. 2d 852
Florida District Court of Appeal, Third District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order summarily denying defendant’s motion for post-conviction relief. As the supreme court stated in State v. Leroux, 689 So. 2d 235, 237 (Fla.1996), upon review of the record in this case
it cannot be said that [defendant’s] allegations of the misadvise of counsel are ‘conclusively5 rebutted by the plea colloquy. While the plea colloquy may appear to be some evidence contrary to defendant’s claim, it is not so clear or so inconsistent with the claim so as to ‘conclusively’ rebut it.
The order under review is reversed and the cause remanded for an evidentiary hearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999)…nd one, the state properly concedes that the record does not conclusively refute defendant’s allegations that his attorney misadvised him concerning the amount of time he would serve. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Siebert v. State, 730 So. 2d 852 (Fla. 3d DCA 1999); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); Flores v. State, 717 So. 2d 161 (Fla. 3d DCA 1998). Accordingly, we reverse the order and remand for an evidentiary hearing on that allegation. We affirm the order as to the s…
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Rondon v. State, 732 So. 2d 1223 (Fla. 3d DCA 1999)…rwise cognizable claim if it is to be denied without a hearing.’ ” Rensoli v. State, 718 So. 2d 1278, 1279 (Fla. 3d DCA 1998) (quoting Leroux); see also Simeton v. State, 734 So. 2d 446, 24 Fla. L. Weekly D1113 (Fla. 4th DCA 1999); Siebert v. State, 730 So. 2d 852, 24 Fla. L. Weekly D1033 (Fla. 3d DCA 1999); Regan v. State, 730 So. 2d 828, 24 Fla. L. Weekly D978 (Fla. 1st DCA 1999); Smith v. State, 718 So. 2d 223 (Fla. 1st DCA 1998); Davis v. State, 697 So. 2d 957 (Fla. 2d DCA 1997). This claim relates only…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)