Bennett v. State

District Court of Appeal of Florida

Bennett v. State

724 So. 2d 161, 1998 Fla. App. LEXIS 15932, 1998 WL 879661

District Court of Appeal of Florida·Decided December 18, 1998·No. No. 98-1183·Published·Cited by 1 cases

Opinion

GOSHORN, J.

Travis Bennett appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion which alleged ineffective assistance of trial counsel. Bennett asserts that his counsel misadvised him as to the maximum sentence he faced when entering his plea, and that absent counsel’s misadvice, he would not have entered his plea. The record and testimony adduced at the evidentiary hearing on Bennett’s motion support Bennett’s assertions. Accordingly, we reverse for Bennett to be allowed to withdraw his plea and proceed to trial.

REVERSED and REMANDED for further proceedings.

DAUKSCH and ANTOON, JJ., concur.

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GOSHORN, J.

Travis Bennett appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion which alleged ineffective assistance of trial counsel. Bennett asserts that his counsel misadvised him as to the maximum sentence he faced when entering his plea, and that absent counsel’s misadvice, he would not have entered his plea. The record and testimony adduced at the evidentiary hearing on Bennett’s motion support Bennett’s assertions. Accordingly, we reverse for Bennett to be allowed to withdraw his plea and proceed to trial.

REVERSED and REMANDED for further proceedings.

DAUKSCH and ANTOON, JJ., concur.

Bennett v. State, 724 So. 2d 161, 1998 Fla. App. LEXIS 15932, 1998 WL 879661 (Fla. Ct. App. 1998).

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Opinion

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