Siebert v. State
730 So. 2d 852, 1999 Fla. App. LEXIS 5416, 1999 WL 247170
District Court of Appeal of Florida·Decided April 28, 1999·No. No. 98-2347·Published·Cited by 2 cases
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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Siebert v. State, 730 So. 2d 852, 1999 Fla. App. LEXIS 5416, 1999 WL 247170 (Fla. Ct. App. 1999).
730 So. 2d 852 (Siebert v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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