HECTOR MANUEL RIVERO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Hector Manuel Rivero appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. As to ground 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 second ground as it is legally insufficient.
Affirmed in part, reversed in part, and cause remanded.
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Rivero v. State, 796 So. 2d 633 (Fla. 3d DCA 2001)…PER CURIAM. Hector Manuel Rivero filed a motion pursuant to Florida Rule of Criminal Procedure 3.850, which was summarily denied. In Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999), this Court affirmed in part and reversed in part the summary denial and remanded the matter for an evidentiary hearing on the allegation .that Defendant’s attorney misadvised him concerning the amount of time he would serve if he…
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Bauder v. State, 768 So. 2d 1232 (Fla. 3d DCA 2000)…on the issue of whether trial counsel misrepresented to defendant the amount of time defendant would serve on his sentence. Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); see Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999). Reversed and remanded.…
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Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999)…claim. Under State v. Leroux, 689 So. 2d 235 (Fla.1996), and the subsequent decisions interpreting it, defendant is entitled to an evidentiary hearing on this 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…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- State v. Werner, 609 So. 2d 585 (Fla. 1992)
- Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998)
- Flores v. State, 717 So. 2d 161 (Fla. 3d DCA 1998)
- Siebert v. State, 730 So. 2d 852 (Fla. 3d DCA 1999)
- Clark v. Metric Eng'g, Inc., 730 So. 2d 852 (Fla. 3d DCA 1999)