JAMES E. CARTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
James E. Carter appeals an order denying his motion for postconvietion relief. We affirm in part and reverse in part.
In point one of his postconvietion motion, defendant-appellant Carter contends that, prior to entering into his plea agreement in the instant case, he was advised by his trial counsel that the sentence would run concurrently with the time he would be ordered to serve on his then-pending conditional release violation. In fact, defendant’s sentences are consecutive. The record does not conclusively refute this claim of affirmative misadvice by counsel. See State v. Leroux, 689 So. 2d 235, 237 (Fla.1996); Fla. R.App. P. 9.140(i). We remand for an evidentiary hearing on that issue only. We concur with the trial court that the record conclusively refutes the remainder of appellant’s claims.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
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Callvester Smith v. State, 807 So. 2d 733 (Fla. 3d DCA 2002)…e appellant’s sentences are to run concurrent or consecutive to his violation of conditional release, the State correctly concedes that this case must be remanded back to the trial court for an evidentiary hearing on this issue. See Carter v. State, 752 So. 2d 725 (Fla. 3d DCA 2000); Regan v. State, 730 So. 2d 828 (Fla. 1st DCA 1999). Accordingly, we remand this cause for an evidentiary determination of whether the appellant was advised by his counsel that his sentence, imposed pursuant to his plea, would run…
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Bryant v. State, 793 So. 2d 906 (Fla. 2001)…PER CURIAM. We have for review Bryant v. State, 752 So. 2d 725 (Fla. 3d DCA 2000), a per cu-riam decision of the Third District Court of Appeal citing as controlling authority its prior opinions in Weiss v. State, 720 So. 2d 1113 (Fla. 3d DCA 1998), approved, 761 So. 2d 318 (Fla.2000); and Jordan v. State, 728…
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Brana v. State, 830 So. 2d 942 (Fla. 4th DCA 2002)…outcome.” Id. at 237. When appellant’s attorney told him the sentences would be concurrent, appellant could have reasonably understood that as a statement of law, not a promise or a representation given to induce the plea. See id.; Carter v. State, 752 So. 2d 725, 725 (Fla. 3d DCA 2000); Raben v. State, 715 So. 2d 331, 331 (Fla. 1st DCA 1998). We affirm as to the remaining issue raised as that was conclusively refuted by the record. We reverse and remand for either the attachment of additional portions of…
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- State v. Leroux, 689 So. 2d 235 (Fla. 1996)