ALFONSO R. HAYWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Richard Hayward appealed the denial of his motion for post-conviction relief, arguing his trial attorneys were ineffective for failing to advise him of his ineligibility for gain time prior to his guilty plea.
The appellate court reversed the denial of post-conviction relief, finding that counsel's failure to accurately advise Hayward of his ineligibility for gain time constituted deficient performance, and that Hayward was prejudiced by this failure.
Hayward was charged with attempted first-degree murder and shooting into an occupied vehicle, facing a minimum mandatory twenty-five-year sentence und…
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On The Court’s Own Motion
PER CURIAM.
We sua sponte withdraw our pre-man-date opinion in this case and substitute the following.
The summary denial of the appellant’s postconviction motion is reversed and the cause remanded to the trial court to permit the appellant a reasonable opportunity to demonstrate his claim is timely under Dickey v. State, 30 Fla. L. Weekly D443, — So. 2d -, 2005 WL 350313 (Fla. 1st DCA Feb.15, 2005), by alleging the date his present conviction was enhanced by the challenged conviction. Cf. Nelson v. State, 875 So. 2d 579 (Fla.2004). If no amendment is filed within the time allowed, then the denial can be with prejudice. Id.; Spooner v. State, 889 So. 2d 900, 901 (Fla. 1st DCA 2004).
REVERSED AND REMANDED.
KAHN, WEBSTER, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nelson v. State, 875 So. 2d 579 (Fla. 2004)
- Spooner v. State, 889 So. 2d 900 (Fla. 1st DCA 2004)