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Simmons v. State

807 So. 2d 800, 2002 Fla. App. LEXIS 2004, 2002 WL 265864
Procedural entryThis page is a short order in Simmons v. State. Read the opinion of the Court — 755 So. 2d 682 →
District Court of Appeal of Florida·Decided February 26, 2002·No. No. 1D01-3094·Published

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.

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

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