Opinion
No. 94-0739.
May 25, 1994.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Stanton S. Kaplan, Judge.
Paul Kevin Jones, pro se appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse in part, and remand for an evidentiary hearing on appellant's claim that he received ineffective assistance of counsel by virtue of his counsel's erroneous advice that he would receive gain time and other credit while serving his habitual offender sentence. See Kelly v. State, 623 So.2d 619 (Fla. 4th DCA 1993).
ANSTEAD, GLICKSTEIN and KLEIN, JJ., concur.