Florida District Courts of Appeal, 1997

McLeod v. State

Florida District Courts of Appeal · Decided October 22, 1997 · Shahood, Stone, Warner

700 So. 2d 458; 1997 Fla. App. LEXIS 11892; 1997 WL 656329 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Reyes v. State (Fla. Dist. Ct. App. 1997)

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.

We reverse an order denying Appellant’s motion for post-conviction relief and request to withdraw his plea, on allegations that the plea was coerced. Appellant’s claims are not refuted by the record. Therefore, we remand for an evidentiary hearing as to whether the plea was coerced and, therefore, involuntary.

We have considered and reject the state’s assertion that the motion is an improper successive motion. Although Appellant did file a separate motion requesting a correction of gain time, that was essentially a motion to correct a sentence. The allegations here are substantially different and distinct.

STONE, C.J., and WARNER and SHAHOOD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.