Sampson v. State

District Court of Appeal of Florida

Sampson v. State

687 So. 2d 362, 1997 Fla. App. LEXIS 990, 1997 WL 55679

Procedural entryThis page is a short order in Sampson v. State. Read the opinion of the Court — 751 So. 2d 602 →

District Court of Appeal of Florida·Decided February 12, 1997·No. No. 96-3110·Published

Opinion

PER CURIAM.

We reverse the summary denial of appellant’s motion for post-conviction relief, grounded on his claim that he entered into his plea based on the erroneous advice of his counsel that the charge for violation of community control had been dismissed, when in fact he received a consecutive sentence for that violation, extending his sentence by three years. See Middleton v. State, 603 So.2d 46 (Fla. 1st DCA 1992); Jones v. State, 671 So.2d 225 (Fla. 1st DCA 1996). We therefore reverse and remand for attachment [363]*363of portions of the record or for an evidentiary hearing.

GLICKSTEIN, POLEN and KLEIN, JJ., concur.

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PER CURIAM.

We reverse the summary denial of appellant’s motion for post-conviction relief, grounded on his claim that he entered into his plea based on the erroneous advice of his counsel that the charge for violation of community control had been dismissed, when in fact he received a consecutive sentence for that violation, extending his sentence by three years. See Middleton v. State, 603 So.2d 46 (Fla. 1st DCA 1992); Jones v. State, 671 So.2d 225 (Fla. 1st DCA 1996). We therefore reverse and remand for attachment [363]*363of portions of the record or for an evidentiary hearing.

GLICKSTEIN, POLEN and KLEIN, JJ., concur.

Sampson v. State, 687 So. 2d 362, 1997 Fla. App. LEXIS 990, 1997 WL 55679 (Fla. Ct. App. 1997).

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