Navarro v. State

District Court of Appeal of Florida

Navarro v. State

670 So. 2d 1174, 1996 Fla. App. LEXIS 3341, 1996 WL 148854

District Court of Appeal of Florida·Decided April 3, 1996·No. No. 95-2032·Published

Opinion

PER CURIAM.

The defendant, Claudio Navarro, appeals from the denial of his motion for post-conviction relief. After careful review of the record, we find that the motion was neither a successive motion nor untimely filed. Accordingly, we reverse and remand for an evidentiary hearing on the issue of ineffective assistance of counsel. See Ray v. State, 480 So.2d 228, 229 (Fla. 2d DCA 1985) (movant entitled to evidentiary hearing on sworn claim of affirmative misadvice of counsel that movant would receive gain time on a mandatory minimum sentence); Eady v. State, 604 So.2d 559 (Fla. 1st DCA 1992).

Reversed and remanded.

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PER CURIAM.

The defendant, Claudio Navarro, appeals from the denial of his motion for post-conviction relief. After careful review of the record, we find that the motion was neither a successive motion nor untimely filed. Accordingly, we reverse and remand for an evidentiary hearing on the issue of ineffective assistance of counsel. See Ray v. State, 480 So.2d 228, 229 (Fla. 2d DCA 1985) (movant entitled to evidentiary hearing on sworn claim of affirmative misadvice of counsel that movant would receive gain time on a mandatory minimum sentence); Eady v. State, 604 So.2d 559 (Fla. 1st DCA 1992).

Reversed and remanded.

Navarro v. State, 670 So. 2d 1174, 1996 Fla. App. LEXIS 3341, 1996 WL 148854 (Fla. Ct. App. 1996).

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