CLEMENTE ISAZA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-11-03
No. 99-2327
Before JORGENSON, GREEN and SHEVIN, JJ.
746 So. 2d 492 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the order denying defendant’s motion for post-conviction relief solely on the ground that defendant’s plea was involuntary based on misadvice of counsel regarding the amount of time defendant would serve on the sentence imposed. See Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998). As the record does not conclusively refute defendant’s claim, this cause is remanded for an evidentiary hearing pursuant to State v. Leroux, 689 So. 2d 235 (Fla.1996).

Reversed and remanded.

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Cited By

  • Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999)
    …96), 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 Court has explained: A defendant who is informed b…
  • Borrego v. State, 753 So. 2d 788 (Fla. 3d DCA 2000)
    …tate properly concedes that the plea colloquy and record do not conclusively refute the appellant’s claims. See Fla. R.App. P. 9.140(i); State v. Leroux, 689 So. 2d 235 (Fla.1996); Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999); Isaza v. State, 746 So. 2d 492 (Fla. 3d DCA 1999); Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); see also Ashley v. State, 614 So. 2d 486 (Fla.1993). Accordingly the order denying postconviction relief is reversed and the…

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