Graves v. State

District Court of Appeal of Florida

Graves v. State

766 So. 2d 415, 2000 Fla. App. LEXIS 10364, 2000 WL 1153325

Procedural entryThis page is a short order in Graves v. State. Read the opinion of the Court — 704 So. 2d 147 →

District Court of Appeal of Florida·Decided August 16, 2000·No. No. 4D00-2297·Published

Opinion

PER CURIAM.

We affirm the trial court’s order denying appellant’s rule 3.850 motion to vacate his sentence or withdraw his plea. The trial court denied his motion as legally insufficient for failing to allege his reliance on trial counsel’s misrepresentations regarding his sentence. Our affirmance, however, is without prejudice for appellant to refile a revised 3.850 motion with the circuit court alleging all facts necessary to [416]*416establish his reliance on counsel’s misrepresentations.

WARNER, C.J., STEVENSON and HAZOURI, JJ., concur.

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PER CURIAM.

We affirm the trial court’s order denying appellant’s rule 3.850 motion to vacate his sentence or withdraw his plea. The trial court denied his motion as legally insufficient for failing to allege his reliance on trial counsel’s misrepresentations regarding his sentence. Our affirmance, however, is without prejudice for appellant to refile a revised 3.850 motion with the circuit court alleging all facts necessary to [416]*416establish his reliance on counsel’s misrepresentations.

WARNER, C.J., STEVENSON and HAZOURI, JJ., concur.

Graves v. State, 766 So. 2d 415, 2000 Fla. App. LEXIS 10364, 2000 WL 1153325 (Fla. Ct. App. 2000).

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