SHANNON MICHAEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-02-10
No. 5D05-3728
SAWAYA, PALMER and TORPY, JJ., concur.
920 So. 2d 742 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 5 cases
Topics
Rule 3.850 Motion Habitual Felony Offender Sentencing Postconviction Relief Ineffective Assistance Of Counsel

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant challenges the summary denial of his rule 3.850 motion for postconviction relief. We affirm except as to ground three of his motion, which asserts that based on defense counsel’s misinformation as to the potential maximum sentence he could receive at trial, Appellant rejected a plea offer for a significantly shorter sentence than the habitual felony offender sentence that was imposed after trial. As the State concedes on appeal, the trial court failed to attach portions of the record that conclusively negate Appellant’s allegation. On remand, the trial court shall either attach portions of the record that conclusively refute Appellant’s claim in ground three or hold an evidentiary hearing on the matter. AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, PALMER and TORPY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Lewis v. State, 8 So. 3d 370 (Fla. 5th DCA 2009)
    …. Thus, while the judgments and sentences on appeal are affirmed, we remand to the trial court for correction of the written orders concerning revocation of probation in order for them to reflect the specific conditions violated. See Payne v. State, 920 So. 2d 742 (Fla. 5th DCA 2006). AFFIRMED and REMANDED with INSTRUCTIONS. GRIFFIN and COHEN, JJ., concur.…
  • McCoy v. State, 225 So. 3d 947 (Fla. 5th DCA 2017)
    …lated, it did not specify those conditions in its written order. We remand this case to the trial -court to enter a corrected order identifying the conditions McCoy violated. See Lewis v. State, 8 So. 3d 370, 371 (Fla. 5th DCA 2009); Payne v. State, 920 So. 2d 742, 743 (Fla. 5th DCA 2006). AFFIRMED and REMANDED with Instructions. PALMER, WALLIS and LAMBERT, JJ., concur. ■…
  • Viveiros v. State (Fla. 5th DCA 2018)
    …osed in this case. However, we remand for the trial court to enter a written order to specifically reflect the conditions of violation that the trial court orally announced. See Lewis v. State, 8 So. 3d 370, 371 (Fla. 5th DCA 2009); Payne v. State, 920 So. 2d 742, 743 (Fla. 5th DCA 2006). Further, the record reflects two condition 5 violations but the State only proceeded on one condition 5 violation. On remand, the written order should only reflect the violation for disorderly intoxication. See Kemp v.…

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