DARRON JOYNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*268] PER CURIAM.
On appeal from denial of his motion under Florida Rule of Criminal Procedure 3.850 without an evidentiary hearing, Dar-ron Joyner contends he is entitled to prove that he would not have pleaded guilty to possession of burglary tools in exchange for time served but for defense counsel’s affirmative misadvice “that youthful offender adjudications didn’t count as prior conviction[s], thereby not qualit[at]ive for future repercussions.” Although he gives his address as Walton Correctional Institution, he makes no mention here or below of any subsequent conviction. See generally State v. Perry, 786 So. 2d 554, 557 (Fla.2001). Compare Smith v. State, 784 So. 2d 460, 461 (Fla. 4th DCA 2000), with Rhodes v. State, 701 So. 2d 388, 389 (Fla. 3d DCA 1997). On appeal, the only “repercussion” he identifies is loss of the right to vote. Appellant is entitled to an evidentiary hearing on this claim of ineffective assistance of counsel unless the record conclusively refutes his claim. See generally Peart v. State, 756 So. 2d 42, 47-48 (Fla.2000); Wood v. State, 750 So. 2d 592, 594-95 (Fla.1999).
Reversed and remanded for an evidentiary hearing or for attachment of portions of the record conclusively refuting appellant’s claim.
ERVIN, BARFIELD and BENTON, JJ., concur.
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State v. Dickey, 928 So. 2d 1193 (Fla. 2006)…it was erroneous. See, e.g., State v. Leroux, 689 So. 2d 235, 238 (Fla.1996) (reversing for evidentiary hearing on claim that counsel wrongly advised defendant about the actual amount of time to be served on a negotiated sentence); Joyner v. State, 795 So. 2d 267, 268 (Fla. 1st DCA 2001) (reversing where the defendant alleged that counsel wrongly advised him that he would not lose his right to vote because of a youthful offender conviction). I do not quarrel with those decisions. Not every instance of errone…
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Bates v. State, 887 So. 2d 1214 (Fla. 2004)…ea and conviction could not jeopardize his application for U.S. citizenship, remanding for the trial court to determine “whether the accused was given positive misadvice by trial counsel and the legal ramifications of such advice”); Joyner v. State, 795 So. 2d 267, 268 (Fla. 1st DCA 2001) (reversing for eviden-tiary hearing on defendant’s claim that counsel affirmatively misadvised him that his youthful offender adjudication would not count as a prior conviction causing him to lose his right to vote); Roberti…1 / 2
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EY v. State, 982 So. 2d 618 (Fla. 2008)…onstrates that he or she was thereby prejudiced, the defendant may be entitled to withdraw the plea even if the misadvice concerns a collateral consequence as to which the trial court was under no obligation to advise him or her.”); Joyner v. State, 795 So. 2d 267, 268 (Fla. 1st DCA 2001) (remanding for evidentiary hearing where defendant’s postconviction motion alleged misadvice regarding loss of the right to vote). [*623] We rejected the claim in Dickey because “wrong advice about the consequences for a cri…
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- Wood v. State, 750 So. 2d 592 (Fla. 1999)
- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)
- Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000)
- Rhodes v. State, 701 So. 2d 388 (Fla. 3d DCA 1997)
- State v. Perry, 786 So. 2d 554 (Fla. 2001)