EDWARD BASS ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Criminal Punishment Code cases and more on FLexlaw
PER CURIAM.
We reverse and remand for attachment of portions of the record that conclusively refute appellant’s claims of involuntary plea, or for an evidentiary hearing thereon. The record before the trial court when denying the Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, reflected ambiguity in connection with what was represented to be appellant’s maximum sentence.
This ambiguity arose from the use of an outdated plea form which did not detail sentencing under the Criminal Punishment Code, but rather referred to the sentencing guidelines not applicable to appellant’s offense. Athough the trial court in entering the sentence told the defendant he could receive the statutory maximum, that occurred after the plea colloquy, when the court went on to sentence appellant.
The order denying the motion is reversed and the case is remanded for an evidentiary hearing or attachment of additional record excerpts that show that appellant is not entitled to any relief on that issue.
POLEN, C.J., and WARNER and SHAHOOD, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Taylor v. State, 132 So. 3d 882 (Fla. 2d DCA 2014)…ursuant to [*885] Florida Rule of Criminal Procedure 3.850(a)(5), in that both allow a defendant to challenge the voluntariness of his plea after sentencing. See Dooley v. State, 789 So. 2d 1082, 1084 (Fla. 1st DCA 2001); see also Robinson v. State, 792 So. 2d 632 (Fla. 4th DCA 2001) (discussing possible involuntary plea due to ambiguity in plea form in a rule 3.850 context).…
-
Deshone Stacy v. State, 885 So. 2d 474 (Fla. 4th DCA 2004)…al of Stacy’s motion for postconviction relief for the attachment of portions of the record that conclusively refute his claims of involuntary plea and ineffective assistance of counsel, or for an evidentiary hearing. Just as in Robinson v. State, 792 So. 2d 632 (Fla. 4th DCA 2001), the portions of the record supporting the summary denial reflect an ambiguity in connection with what was represented to be Stacy’s maximum sentence, in that the plea form which he signed was an outdated form which did not detai…