Burton v. State

District Court of Appeal of Florida

Burton v. State

691 So. 2d 1170, 1997 Fla. App. LEXIS 3991, 1997 WL 186281

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1997

DocketNo. 96-1371

StatusPublished

This text of 691 So. 2d 1170 (Burton 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

Burton v. State, 691 So. 2d 1170, 1997 Fla. App. LEXIS 3991, 1997 WL 186281 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The defendant appeals a final order summarily denying his postconviction motion under rule 3.850. We affirm on four of the grounds asserted in the motion but find it necessary to reverse on the one remaining ground. The general statements in the attached plea form and transcript indicating that the defendant had not received any promise for his plea do not conclusively refute the defendant’s present claim that his lawyer incorrectly advised him that he would be eligible for early release. State v. Leroux, 689 So.2d 235 (Fla.1996); Carmichael v. State, 631 So.2d 346 (Fla. 2d DCA 1994). On remand, the trial court must grant an eviden-tiary hearing or attach portions of the record that conclusively refute this claim.

Affirmed in part and reversed in part.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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PER CURIAM.

The defendant appeals a final order summarily denying his postconviction motion under rule 3.850. We affirm on four of the grounds asserted in the motion but find it necessary to reverse on the one remaining ground. The general statements in the attached plea form and transcript indicating that the defendant had not received any promise for his plea do not conclusively refute the defendant’s present claim that his lawyer incorrectly advised him that he would be eligible for early release. State v. Leroux, 689 So.2d 235 (Fla.1996); Carmichael v. State, 631 So.2d 346 (Fla. 2d DCA 1994). On remand, the trial court must grant an eviden-tiary hearing or attach portions of the record that conclusively refute this claim.

Affirmed in part and reversed in part.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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Bluebook (online)

691 So. 2d 1170, 1997 Fla. App. LEXIS 3991, 1997 WL 186281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-state-fladistctapp-1997.

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