DEANDRE BLACK
v.
STATE OF FLORIDA
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A circuit court's denial of motions to withdraw guilty pleas will be affirmed where the defendant may pursue an ineffective assistance of counsel claim through a Rule 3.850 motion.
[1] A defendant may seek to withdraw a guilty plea based on counsel's misadvice regarding the length of the sentence or the actual time to be served.
[2] A claim of ineffective assistance of counsel based on misadvice about sentencing is conclusively refuted by the record only if the record directly addresses and corrects…
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Join FLexlaw to unlock all legal intelligenceDefendant Black pleaded guilty to one count of leaving the scene of a crash involving injury, two counts of trafficking in illegal substances while po…
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PER CURIAM.
We affirm without discussion the circuit court’s denial of the defendant’s motions to withdraw his guilty pleas to one count of leaving the scene of a crash involving injury, two counts of trafficking in various illegal substances while possessing a firearm, five counts of sale of various illegal substances while possessing a firearm, and one count of felon possessing a firearm. This affirmance is without prejudice to the defendant filing a Florida Rule of Criminal Procedure 3.850 motion seeking an evidentiary hearing on the alleged ineffective assistance of counsel. We make no comment on whether such a motion would have merit. Affirmed without prejudice. WARNER, GERBER and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.