Kincaid v. State

District Court of Appeal of Florida

Kincaid v. State

704 So. 2d 223, 1998 Fla. App. LEXIS 416, 1998 WL 17641

CourtDistrict Court of Appeal of Florida

DecidedJanuary 21, 1998

DocketNo. 97-2622

StatusPublished

This text of 704 So. 2d 223 (Kincaid 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

Kincaid v. State, 704 So. 2d 223, 1998 Fla. App. LEXIS 416, 1998 WL 17641 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

Appellant challenges the trial court’s summary denial of his motion for post conviction relief in which he alleged that his guilty pleas to grand theft and organized fraud were not voluntary and informed, but were the product of advice by his counsel that he would receive credit for basic gain time and that the most time he would serve in prison would be 1 % years.

Appellant’s claim of involuntary plea based on promises of counsel is legally sufficient and was not refuted by the portions of the record attached to the trial court’s order. See State v. Leroux, 689 So.2d 235 (Fla.1996); Choi v. State, 692 So.2d 973 (Fla. 2d DCA 1997).

We reverse and remand for attachment of portions of the record which conclusively refute this claim, or for an evidentiary hearing thereon.

REVERSED AND REMANDED.

DELL and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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