Drumwright v. State

District Court of Appeal of Florida

Drumwright v. State

661 So. 2d 972, 1995 Fla. App. LEXIS 11245, 1995 WL 627713

CourtDistrict Court of Appeal of Florida

DecidedOctober 27, 1995

DocketNo. 95-1625

StatusPublished

Cited by1 cases

This text of 661 So. 2d 972 (Drumwright 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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Drumwright v. State, 661 So. 2d 972, 1995 Fla. App. LEXIS 11245, 1995 WL 627713 (Fla. Ct. App. 1995).

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Opinion

GRIFFIN, Judge.

This is the appeal of summary denial of a rule 3.850 motion for post-conviction relief. Although the record clearly reflects that the defendant entered into a written plea agreement pursuant to which the state nol grossed two felony counts in exchange for a court-approved sentence of fifteen years as a habitual violent felony offender with a minimum mandatory, and although the record also clearly reflects that the minimum mandatory required by statute for the offenses to which Drumwright pled guilty is fifteen years, the record attached to the order denying the appellant’s 3.850 motion does not conclusively demonstrate that appellant was aware that the minimum mandatory was fifteen years. Accordingly, we are bound to reverse and remand for an evidentiary hearing on that unresolved fact issue. See Ashley v. State, 614 So.2d 486, 490 n. 8 (Fla.1993). If the lower court finds that Drumwright was not informed by his counsel or by the court that the applicable minimum mandatory was fifteen years, the defendant will be entitled to withdraw his plea. If not, not. The other issues raised are meritless.

REVERSED and REMANDED. .

W. SHARP and GOSHORN, JJ., concur.

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GRIFFIN, Judge.

This is the appeal of summary denial of a rule 3.850 motion for post-conviction relief. Although the record clearly reflects that the defendant entered into a written plea agreement pursuant to which the state nol grossed two felony counts in exchange for a court-approved sentence of fifteen years as a habitual violent felony offender with a minimum mandatory, and although the record also clearly reflects that the minimum mandatory required by statute for the offenses to which Drumwright pled guilty is fifteen years, the record attached to the order denying the appellant’s 3.850 motion does not conclusively demonstrate that appellant was aware that the minimum mandatory was fifteen years. Accordingly, we are bound to reverse and remand for an evidentiary hearing on that unresolved fact issue. See Ashley v. State, 614 So.2d 486, 490 n. 8 (Fla.1993). If the lower court finds that Drumwright was not informed by his counsel or by the court that the applicable minimum mandatory was fifteen years, the defendant will be entitled to withdraw his plea. If not, not. The other issues raised are meritless.

REVERSED and REMANDED. .

W. SHARP and GOSHORN, JJ., concur.

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661 So. 2d 972, 1995 Fla. App. LEXIS 11245, 1995 WL 627713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drumwright-v-state-fladistctapp-1995.

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