ANTHONY J. PAWLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Judge.
Anthony Pawle challenges the order of the trial court summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand the case to the trial court for an evidentiary hearing.
Pawle seeks to withdraw his plea because he alleges that counsel misadvised him regarding his jail credit award during the plea and sentencing phases of his case. Contrary to the trial court’s conclusion, the plea colloquy does not refute the allegation of affirmative misadvice about the amount of jail credit that Pawle would receive because jail credit was never discussed during the plea colloquy. As we stated in Johnson v. State, 736 So. 2d 713, 715 (Fla. 2d DCA 1999), and again in Dow v. State, 823 So. 2d 830, 831 (Fla. 2d DCA 2002), “In order to adequately refute a claim like this from the record, the discussion with the court must explore the specific issue upon which the defendant asserts he was misadvised.” Because his allegation is not refuted by the record, we must reverse the order of the trial court and remand for an evidentiary hearing.
Reversed and remanded.
FULMER and KELLY, JJ., Concur.
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Citator
Cited By
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State v. Pawle, 884 So. 2d 1137 (Fla. 2d DCA 2004)…n evidentiary hearing stating that “the plea colloquy does not refute the allegation of affirmative misadviee about the amount of jail credit that Pawle would receive because jail credit was never discussed during the plea colloquy.” Pawle v. State, 861 So. 2d 1174, 1174-75 (Fla. 2d DCA 2003). On remand, the postconviction court, in essence, found that Pawle could have mis [*1138] understood how his credit for time served was to be applied and granted Pawle relief on that basis. The State appeals that ruling.…
Authorities Cited
- Johnson v. State, 736 So. 2d 713 (Fla. 2d DCA 1999)
- DOW v. State, 823 So. 2d 830 (Fla. 2d DCA 2002)