REGIS CAMILLO PIERRE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Regis Camillo Pierre appeals from an order denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing.
Under State v. Leroux, 689 So. 2d 235 (Fla.1996), affirmative misadvice regarding the amount of time to be served on an agreed sentence can be a basis for post-conviction relief. See also Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002); Bauder v. State, 768 So. 2d 1232 (Fla. 3d DCA 2000); Gonzales v. State, 766 So. 2d 452 (Fla. 3d DCA 2000); Carter v. State, 752 So. 2d 725 (Fla. 3d DCA 2000); Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998). As there is nothing in the record to affirmatively and conclusively refute Pierre’s claim, we reverse and remand this matter for an evidentiary hearing on the merits of the claim.
Reversed and remanded.
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Citator
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Casales v. Rezdrums 2 Inc., 939 So. 2d 1129 (Fla. 3d DCA 2006)…Florida Statutes (2005). Further, the record fails to reveal competent substantial evidence that Casales’ single good-faith error in judgment was serious enough to warrant disqualification of benefits. See Garcia v. Fla. Unemployment Appeals Comm’n, 923 So. 2d 1193 (Fla. 3d DCA 2006); Jackson v. Unemployment Appeals Comm’n, 730 So. 2d 719 (Fla. 5th DCA 1999); Miller v. Barnett Bank of Broward County, 650 So. 2d 1089 (Fla. 3d DCA 1995). Accordingly, we reverse and remand with directions to afford Casales the…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998)
- GIL v. Kloster Cruise Ltd., 746 So. 2d 515 (Fla. 3d DCA 1999)
- Carter v. State, 752 So. 2d 725 (Fla. 3d DCA 2000)
- Gonzales v. State, 766 So. 2d 452 (Fla. 3d DCA 2000)
- Williams v. State, 824 So. 2d 1050 (Fla. 4th DCA 2002)
- Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002)
- Bauder v. State, 768 So. 2d 1232 (Fla. 3d DCA 2000)