Alusma v. State

840 So. 2d 342, 2003 Fla. App. LEXIS 1842, 2003 WL 355429
CourtDistrict Court of Appeal of Florida
DecidedFebruary 19, 2003
DocketNo. 4D02-4091
StatusPublished

This text of 840 So. 2d 342 (Alusma v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alusma v. State, 840 So. 2d 342, 2003 Fla. App. LEXIS 1842, 2003 WL 355429 (Fla. Ct. App. 2003).

Opinion

PER CURIAM.

Based on State v. Leroux, 689 So.2d 235, 236 (Fla.1996), we are compelled to reverse the order denying post-conviction relief as to appellant’s claim that his plea was involuntary because it was based on the misadvice of counsel. We affirm the order insofar as it denies relief based on appellant’s double jeopardy claim. We remand for an evidentiary hearing or the attachment of records that conclusively refute appellant’s claim.

KLEIN, GROSS and MAY, JJ., concur.

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Related

State v. Leroux
689 So. 2d 235 (Supreme Court of Florida, 1996)

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Bluebook (online)
840 So. 2d 342, 2003 Fla. App. LEXIS 1842, 2003 WL 355429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alusma-v-state-fladistctapp-2003.