MICHAEL BAUDER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHAEL BAUDER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
768 So. 2d 1232
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse the order denying defendant’s post-conviction relief motion and remand for further proceedings. Under State v. Leroux, 689 So. 2d 235 (Fla.1996), and its progeny, defendant is entitled to an evidentiary hearing 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Onaray Vashon Jordan v. State, 833 So. 2d 266 (Fla. 3d DCA 2002)…x, 689 So. 2d 235 (Fla.1996), affirmative misadvice regarding the amount of time to be served on an agreed sentence can be a basis for post-conviction relief. Id. at 238; see also Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002); Bauder v. State, 768 So. 2d 1232 (Fla. 3d DCA 2000); Gonzales v. State, 766 So. 2d 452 (Fla. 3d DCA 2000); Carter v. State, 752 So. 2d 725 (Fla. 3d DCA 2000); Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998). We reverse and rem…
-
Regis Camillo Pierre v. State, 923 So. 2d 1193 (Fla. 3d DCA 2006)…ate v. Leroux, 689 So. 2d 235 (Fla.1996), affirmative misadvice regarding the amount of time to be served on an agreed sentence can be a basis for post-conviction relief. See also Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002); Bauder v. State, 768 So. 2d 1232 (Fla. 3d DCA 2000); Gonzales v. State, 766 So. 2d 452 (Fla. 3d DCA 2000); Carter v. State, 752 So. 2d 725 (Fla. 3d DCA 2000); Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998). As there is nothing…
-
Royal Lee Bell v. State, 770 So. 2d 226 (Fla. 3d DCA 2000)…ng to determine whether it was a condition of his plea that he serve his sentence in a Tennessee prison where he was serving time on a previous conviction, and whether his counsel misadvised him as to the conditions of the plea. See Bauder v. State, 768 So. 2d 1232 (Fla. 3d DCA 2000). Reversed and remanded.…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998)
- GIL v. Kloster Cruise Ltd., 746 So. 2d 515 (Fla. 3d DCA 1999)
- Jerome v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999)
- Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999)