Florida District Courts of Appeal, 1993

Kelly v. State

Kelly v. State
Florida District Courts of Appeal · Decided September 8, 1993 · Anstead, Farmer, Hersey
623 So. 2d 619; 1993 Fla. App. LEXIS 9089; 1993 WL 337517 (Southern Reporter, Second Series)

Kelly v. State

Opinion of the Court

PER CURIAM.

We reverse and remand for an evidentiary hearing on appellant’s claim that he would not have pleaded guilty if he had known that information concerning his sentence given to him by his counsel prior to the plea was incorrect. See Corbitt v. State, 584 So.2d 231 (Fla. 5th DCA 1991). We are particularly concerned because appellant has proffered a copy of an alleged letter from counsel which, although dated the day after the sentencing, is some evidence supporting appellant’s allegations as to counsel’s advice.

ANSTEAD, HERSEY and FARMER, JJ., concur.

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