Worthy v. State
This text of 831 So. 2d 818 (Worthy 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.
Opinion
Amy Worthy appeals the summary denial of her motion under Rule 3.850, Florida Rules of Criminal Procedure. Worthy alleged that defense counsel affirmatively mislead her with regard to the forfeiture of gain time, and that she relied on the misadvice when she entered her plea. The record before this court supports Worthy’s claim.
Consequently, we reverse the order that summarily denied relief and remand for the trial court to conduct an evidentiary hearing or to attach documents to refute the claim. State v. Leroux, 689 So.2d 235 (Fla.1996); Dellahoy v. State, 816 So.2d 1253 (Fla. 5th DCA 2002); Brazeail v. State, 821 So.2d 364 (Fla. 1st DCA 2002).
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Cite This Page — Counsel Stack
831 So. 2d 818, 2002 Fla. App. LEXIS 18140, 2002 WL 31757271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worthy-v-state-fladistctapp-2002.