Florida District Courts of Appeal, 1999

Colon v. State

Colon v. State
Florida District Courts of Appeal · Decided September 8, 1999 · Dell, Stevenson, Warner
739 So. 2d 1279; 1999 Fla. App. LEXIS 12054; 1999 WL 701822 (Southern Reporter, Second Series)

Colon v. State

Opinion of the Court

PER CURIAM.

Appellant’s claim of an involuntary plea based on “misadvice” of counsel associated with the length of his sentence is legally sufficient and was not refuted by the portions of the record attached to the trial court’s order. See generally State v. Leroux, 689 So.2d 235 (Fla. 1996), as the state concedes.

We reverse and remand for attachment of portions of the record which conclusively refute this claim, or for an evidentiary hearing thereon.

WARNER, C.J., DELL and STEVENSON, JJ., concur.

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