Opinion
Case No. 3D00-263
Opinion filed October 4, 2000. July Term, A.D. 2000
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Ronald C. Dresnick, Judge; Lower Tribunal No. 91-503.
Michael Bauder, in proper person.
Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.
We reverse the order denying defendant's post-conviction relief motion and remand for further proceedings. Under State v. Leroux, 689 So.2d 235 (Fla. 1996), and its progeny, defendant is entitled to an evidentiary hearing on the issue of whether trial counsel misrepresented to defendant the amount of time defendant would serve on his sentence. Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); see Rivero v. State, 744 So.2d 1255 (Fla. 3d DCA 1999).
Reversed and remanded.