Fritschle v. Singletary

District Court of Appeal of Florida

Fritschle v. Singletary

722 So. 2d 261, 1998 Fla. App. LEXIS 15845, 1998 WL 874556

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1998

DocketNo. 97-4018

StatusPublished

This text of 722 So. 2d 261 (Fritschle v. Singletary) 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

Fritschle v. Singletary, 722 So. 2d 261, 1998 Fla. App. LEXIS 15845, 1998 WL 874556 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Mark William Fritschle (Fritschle) appeals an order denying his motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Fritschle pled nolo contendere to various charges and agreed to an upward departure sentence of twenty-five years in exchange for an agreement by the State not to seek habitual felony offender sentencing. We find all but one of Fritschle’s claims to be without merit and affirm as to these nonmeritorious claims.

Fritschle’s claim that his plea was rendered involuntary when he was led to believe at his sentencing hearing that he would only serve two and one-half years of the twenty-five year upward departure sentence is facially sufficient in view of the record on appeal. Accordingly, we reverse and remand. On remand, the trial court is directed to conduct an evidentiary hearing on this issue or to attach portions of the record which conclusively refute Fritschle’s claim.

WOLF, WEBSTER and LAWRENCE, JJ., concur.

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PER CURIAM.

Mark William Fritschle (Fritschle) appeals an order denying his motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Fritschle pled nolo contendere to various charges and agreed to an upward departure sentence of twenty-five years in exchange for an agreement by the State not to seek habitual felony offender sentencing. We find all but one of Fritschle’s claims to be without merit and affirm as to these nonmeritorious claims.

Fritschle’s claim that his plea was rendered involuntary when he was led to believe at his sentencing hearing that he would only serve two and one-half years of the twenty-five year upward departure sentence is facially sufficient in view of the record on appeal. Accordingly, we reverse and remand. On remand, the trial court is directed to conduct an evidentiary hearing on this issue or to attach portions of the record which conclusively refute Fritschle’s claim.

WOLF, WEBSTER and LAWRENCE, JJ., concur.

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Bluebook (online)

722 So. 2d 261, 1998 Fla. App. LEXIS 15845, 1998 WL 874556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fritschle-v-singletary-fladistctapp-1998.