Borrego v. State

District Court of Appeal of Florida

Borrego v. State

753 So. 2d 788, 2000 Fla. App. LEXIS 3712, 2000 WL 313772

CourtDistrict Court of Appeal of Florida

DecidedMarch 29, 2000

DocketNo. 3D99-2646

StatusPublished

This text of 753 So. 2d 788 (Borrego 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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Borrego v. State, 753 So. 2d 788, 2000 Fla. App. LEXIS 3712, 2000 WL 313772 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Jose Luis Borrego appeals an order denying his motion for postconviction relief. [789]*789He contends that in entering his no contest plea, he was given affirmative misadvice about the amount of time he would be required to serve, and was not informed of the reasonable consequences of habituali-zation. The State properly concedes that the plea colloquy and record do not conclusively refute the appellant’s claims. See Fla. R.App. P. 9.140(i); State v. Leroux, 689 So.2d 235 (Fla.1996); Rivero v. State, 744 So.2d 1255 (Fla. 3d DCA 1999); Isaza v. State, 746 So.2d 492 (Fla. 3d DCA 1999); Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); see also Ashley v. State, 614 So.2d 486 (Fla.1993). Accordingly the order denying postconviction relief is reversed and the cause remanded for an evidentiary hearing.

Reversed and remanded.

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PER CURIAM.

Jose Luis Borrego appeals an order denying his motion for postconviction relief. [789]*789He contends that in entering his no contest plea, he was given affirmative misadvice about the amount of time he would be required to serve, and was not informed of the reasonable consequences of habituali-zation. The State properly concedes that the plea colloquy and record do not conclusively refute the appellant’s claims. See Fla. R.App. P. 9.140(i); State v. Leroux, 689 So.2d 235 (Fla.1996); Rivero v. State, 744 So.2d 1255 (Fla. 3d DCA 1999); Isaza v. State, 746 So.2d 492 (Fla. 3d DCA 1999); Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); see also Ashley v. State, 614 So.2d 486 (Fla.1993). Accordingly the order denying postconviction relief is reversed and the cause remanded for an evidentiary hearing.

Reversed and remanded.

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753 So. 2d 788, 2000 Fla. App. LEXIS 3712, 2000 WL 313772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borrego-v-state-fladistctapp-2000.

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