PAUL GRIFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PAUL GRIFFIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
869 So. 2d 773
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Paul Griffin appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing on one point, as the plea colloquy and forms do not conclusively refute Griffin’s claim of misadvice associated with his entitlement to gain time and its effect on the length of his sentence. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Lewis v. State, 795 So. 2d 1061 (Fla. 4th DCA 2001).
FARMER, C.J., KLEIN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bedwell v. State, 878 So. 2d 423 (Fla. 4th DCA 2004)…oint. Having reviewed the motion, the state’s responses, and the records provided, we hold that the plea colloquy and forms do not conclusively refute Bedwell’s claim of misadvice associated with his entitlement to gain time. See Griffin v. State, 869 So. 2d 773 (Fla. 4th DCA 2004); see also State v. Leroux, 689 So. 2d 235 (Fla.1996). Accordingly, we reverse the trial court’s ruling and remand for the trial court to [*424] conduct an evidentiary hearing to address the merits of BedwelFs claim. STEVENSON…
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Thomas v. State, 888 So. 2d 146 (Fla. 4th DCA 2004)…er, “yes” to the judge’s questions during the plea colloquy. The' plea colloquy and forms do not conclusively refute Thomas’ claims. State v. Leroux, 689 So. 2d 235 (Fla.1996); Lewis v. State, 795 So. 2d 1061 (Fla. 4th DCA 2001); Griffin v. State, 869 So. 2d 773 (Fla. 4th DCA 2004). The plea colloquy and forms established that Thomas was aware that he would be sentenced to prison as a youthful offender. This, however, is not inconsistent with Thomas’ claim that counsel told him that he would be allowed in…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Lewis v. State, 795 So. 2d 1061 (Fla. 4th DCA 2001)