Florida District Courts of Appeal, 1994

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided July 26, 1994 · Cope, Goderich, Levy
639 So. 2d 1119; 1994 Fla. App. LEXIS 7410; 1994 WL 386405 (Southern Reporter, Second Series)

Jackson v. State

Opinion of the Court

PER CURIAM.

Alfonso Jackson appeals an order denying post-conviction relief. The State concedes that defendant is entitled to an evidentiary hearing at which he will have an opportunity to show that his failure to return from furlough was excusable or justifiable such that his -violation of the furlough agreement was involuntary. See Rodriguez v. State, 600 So.2d 46 (Fla. 3d DCA 1992); Walker v. State, 599 So.2d 233, 234 (Fla. 3d DCA 1992); Walker v. State, 578 So.2d 514, 515 (Fla. 3d DCA 1991). Absent defendant’s showing of a legally sufficient excuse for failure to return from furlough, the thirty-year sentence will stand. We reject defendant’s argument that the plea bargain itself was illegal. See Quarterman v. State, 527 So.2d 1380 (Fla. 1988).

Reversed and remanded for evidentiary hearing.

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