JOHN PHILLIP BRYANT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT.
JOHN PHILLIP BRYANT, PETITIONER,
STATE OF FLORIDA, RESPONDENT.
241 So. 3d 271
Florida District Court of Appeal, Fifth District (2018)
Positive Treatment
Cited by 1 case
Opinion of the Court
The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the April 22, 2016 judgment and sentence rendered in Case No. 2012-CF-32675-A, in the Circuit Court in and for Brevard County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).
PETITION GRANTED.
PALMER, WALLIS and EISNAUGLE, JJ., concur.
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Santiago v. State, 252 So. 3d 421 (Fla. 5th DCA 2018)…ts received, namely eighteen months. However, following his open plea to the court, Appellant was sentenced to ten years in prison. The records attached to the order do not conclusively refute the claim of affirmative misadvice. See Byron v. State , 241 So. 3d 271, 271-72 (Fla. 5th DCA 2018) ; Lamkin v. State , 215 So. 3d 640, 641 (Fla. 5th DCA 2017). Accordingly, we reverse the denial of the affirmative misadvice claim with instructions for the postconviction court to either conduct an evidentiary hearing o…