Bauder v. State

District Court of Appeal of Florida

Bauder v. State

768 So. 2d 1232, 2000 Fla. App. LEXIS 12701, 2000 WL 1471741

CourtDistrict Court of Appeal of Florida

DecidedOctober 4, 2000

DocketNo. 3D00-263

StatusPublished

Cited by4 cases

This text of 768 So. 2d 1232 (Bauder 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.

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Bauder v. State, 768 So. 2d 1232, 2000 Fla. App. LEXIS 12701, 2000 WL 1471741 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We reverse the order denying defendant’s post-conviction relief motion and remand for further proceedings. Under State v. Leroux, 689 So.2d 235 (Fla.1996), and its progeny, defendant is entitled to an evidentiary hearing on the issue of whether trial counsel misrepresented to defendant the amount of time defendant would serve on his sentence. Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); see Rivero v. State, 744 So.2d 1255 (Fla. 3d DCA 1999).

Reversed and remanded.

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PER CURIAM.

We reverse the order denying defendant’s post-conviction relief motion and remand for further proceedings. Under State v. Leroux, 689 So.2d 235 (Fla.1996), and its progeny, defendant is entitled to an evidentiary hearing on the issue of whether trial counsel misrepresented to defendant the amount of time defendant would serve on his sentence. Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); see Rivero v. State, 744 So.2d 1255 (Fla. 3d DCA 1999).

Reversed and remanded.

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768 So. 2d 1232, 2000 Fla. App. LEXIS 12701, 2000 WL 1471741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bauder-v-state-fladistctapp-2000.

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