Summary
In Rivero v. State, 744 So.2d 1255 (Fla. 3d DCA 1999), this Court affirmed in part and reversed in part the summary denial and remanded the matter for an evidentiary hearing on the allegation that Defendant's attorney misadvised him concerning the amount of time he would serve if he pled guilty to the charged offenses.
Summary of this case from Rivero v. StateOpinion
No. 99-2121.
Opinion filed November 24, 1999.
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Thomas M. Carney, Judge, L.T. No. 93-2661.
Hector Manuel Rivero, in proper person.
Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.
Hector Manuel Rivero appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. As to ground one, the state properly concedes that the record does not conclusively refute defendant's allegations that his attorney misadvised him concerning the amount of time he would serve. See State v. Leroux, 689 So.2d 235 (Fla. 1996); Siebert v. State, 730 So.2d 852 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); Flores v. State, 717 So.2d 161 (Fla. 3d DCA 1998). Accordingly, we reverse the order and remand for an evidentiary hearing on that allegation. We affirm the order as to the second ground as it is legally insufficient.
Affirmed in part, reversed in part, and cause remanded.