Florida District Courts of Appeal, 1991

Bennett v. State

Florida District Courts of Appeal · Decided May 17, 1991 · Campbell, Parker, Scheb

579 So. 2d 387; 1991 Fla. App. LEXIS 4736; 1991 WL 80042 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bennett v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Allen Todd Bennett appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. One of Bennett’s allegations is that his lawyer gave him erroneous advice regarding the gain time that Bennett was eligible to receive while serving his prison sentence. If his allegation is true, he may be entitled to relief. Tarpley v. State, 566 So.2d 914 (Fla.2d DCA 1990); Ray v. State, 480 So.2d 228 (Fla.2d DCA 1985). We affirm the trial court’s denial of the other points raised by the appellant.

Accordingly, we reverse in part the trial court’s denial of the appellant’s motion and *388remand the case to the trial court for further proceedings pursuant to Florida Rule of Criminal Procedure 3.850.

SCHEB, A.C.J., and CAMPBELL and PARKER, JJ., concur.

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