BRIAN J. BEDWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN J. BEDWELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
878 So. 2d 423
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Brian J. Bedwell challenges the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review on one point.
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 conduct an evidentiary hearing to address the merits of BedwelFs claim.
STEVENSON, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kleparek v. State, 891 So. 2d 1214 (Fla. 4th DCA 2005)…encing, and the length of sentence which would be imposed. The trial court erred in summarily denying these claims without record attachments refuting them, or an evidentiary hearing. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Bedwell v. State, 878 So. 2d 423 (Fla. 4th DCA 2004); Baker v. State, 879 So. 2d 663 (Fla. 5th DCA 2004); Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002). Accordingly, we reverse the trial court’s order summarily denying these claims of affirmative misadvice and remand for at…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- KOT v. Bruni Holmberg, 869 So. 2d 773 (Fla. 4th DCA 2004)
- Griffin v. State, 869 So. 2d 773 (Fla. 4th DCA 2004)