Simmons v. State

District Court of Appeal of Florida

Simmons v. State

807 So. 2d 800, 2002 Fla. App. LEXIS 2004, 2002 WL 265864

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 2002

DocketNo. 1D01-3094

StatusPublished

This text of 807 So. 2d 800 (Simmons 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

Simmons v. State, 807 So. 2d 800, 2002 Fla. App. LEXIS 2004, 2002 WL 265864 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

The appellant challenges the order by which the trial court summarily denied her Florida Rule of Criminal Procedure 3.850 motion. Because the record does not conclusively refute the appellant’s colorable claims that her pleas were entered as a consequence of her counsel’s erroneous advice as to the amount of time she would actually serve after application of jail credit and gain time, we reverse the order under review and remand this case to the trial court for an evidentiary hearing on the appellant’s claims.

ALLEN, C.J., MINER and WEBSTER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant challenges the order by which the trial court summarily denied her Florida Rule of Criminal Procedure 3.850 motion. Because the record does not conclusively refute the appellant’s colorable claims that her pleas were entered as a consequence of her counsel’s erroneous advice as to the amount of time she would actually serve after application of jail credit and gain time, we reverse the order under review and remand this case to the trial court for an evidentiary hearing on the appellant’s claims.

ALLEN, C.J., MINER and WEBSTER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

807 So. 2d 800, 2002 Fla. App. LEXIS 2004, 2002 WL 265864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-fladistctapp-2002.