McLeod v. State

District Court of Appeal of Florida

McLeod v. State

700 So. 2d 458, 1997 Fla. App. LEXIS 11892, 1997 WL 656329

CourtDistrict Court of Appeal of Florida

DecidedOctober 22, 1997

DocketNo. 96-3897

StatusPublished

Cited by1 cases

This text of 700 So. 2d 458 (McLeod 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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McLeod v. State, 700 So. 2d 458, 1997 Fla. App. LEXIS 11892, 1997 WL 656329 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We reverse an order denying Appellant’s motion for post-conviction relief and request to withdraw his plea, on allegations that the plea was coerced. Appellant’s claims are not refuted by the record. Therefore, we remand for an evidentiary hearing as to whether the plea was coerced and, therefore, involuntary.

We have considered and reject the state’s assertion that the motion is an improper successive motion. Although Appellant did file a separate motion requesting a correction of gain time, that was essentially a motion to correct a sentence. The allegations here are substantially different and distinct.

STONE, C.J., and WARNER and SHAHOOD, JJ., concur.

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PER CURIAM.

We reverse an order denying Appellant’s motion for post-conviction relief and request to withdraw his plea, on allegations that the plea was coerced. Appellant’s claims are not refuted by the record. Therefore, we remand for an evidentiary hearing as to whether the plea was coerced and, therefore, involuntary.

We have considered and reject the state’s assertion that the motion is an improper successive motion. Although Appellant did file a separate motion requesting a correction of gain time, that was essentially a motion to correct a sentence. The allegations here are substantially different and distinct.

STONE, C.J., and WARNER and SHAHOOD, JJ., concur.

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700 So. 2d 458, 1997 Fla. App. LEXIS 11892, 1997 WL 656329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleod-v-state-fladistctapp-1997.

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