Opinion
No. 99-2327.
Opinion filed November 3, 1999.
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Leonard E. Glick, Judge, L.T. No. 96-5708.
Clemente Isaza, in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before JORGENSON, GREEN and SHEVIN, JJ.
We reverse the order denying defendant's motion for post-conviction relief solely on the ground that defendant's plea was involuntary based on misadvice of counsel regarding the amount of time defendant would serve on the sentence imposed. See Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1999). As the record does not conclusively refute defendant's claim, this cause is remanded for an evidentiary hearing pursuant to State v. Leroux, 689 So.2d 235 (Fla. 1996).
Reversed and remanded.