Siebert v. State
730 So. 2d 852, 1999 Fla. App. LEXIS 5416, 1999 WL 247170
CourtDistrict Court of Appeal of Florida
DecidedApril 28, 1999
DocketNo. 98-2347
StatusPublished
Cited by2 cases
This text of 730 So. 2d 852 (Siebert 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
Siebert v. State, 730 So. 2d 852, 1999 Fla. App. LEXIS 5416, 1999 WL 247170 (Fla. Ct. App. 1999).
Opinion
We reverse the order summarily denying defendant’s motion for post-conviction relief. As the supreme court stated in State v. Leroux, 689 So.2d 235, 237 (Fla.1996), upon review of the record in this case
it cannot be said that [defendant’s] allegations of the misadvise of counsel are ‘conclusively5 rebutted by the plea colloquy. While the plea colloquy may appear to be some evidence contrary to defendant’s claim, it is not so clear or so inconsistent with the claim so as to ‘conclusively’ rebut it.
The order under review is reversed and the cause remanded for an evidentiary hearing.
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Related
Rivero v. State
744 So. 2d 1255 (District Court of Appeal of Florida, 1999)
Rondon v. State
732 So. 2d 1223 (District Court of Appeal of Florida, 1999)
Cite This Page — Counsel Stack
Bluebook (online)
730 So. 2d 852, 1999 Fla. App. LEXIS 5416, 1999 WL 247170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siebert-v-state-fladistctapp-1999.