Opinion
Case No. 3D02-431
Opinion filed November 6, 2002.
An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Ronald C. Dresnick, Judge. Lower Tribunal Nos. 99-1461.
Angel Sanchez, in proper person. Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.
Before JORGENSON, COPE, and GODERICH, JJ.
Defendant appeals from an order summarily denying his motion for postconviction relief. We reverse and remand for an evidentiary hearing, as the record does not conclusively refute defendant's claim that when he entered his plea, he was not fully informed of how much time he would he required to serve. See Rensoli v. State, 718 So.2d 1278 (Fla.3d DCA 1998) (holding that where record does not conclusively refute the sworn claim of affirmative misadvice by counsel, remand for evidentiary hearing required.).
REVERSED AND REMANDED.