Brakeall v. State
Brakeall v. State
Opinion of the Court
Clarence Brakeall appeals the denial of his motion for postconviction relief brought
Biakeall’s motion is facially sufficient. See, e.g., Carmichael v. State, 631 So.2d 346(Fla. 2d DCA 1994). The trial court, however, found that the claim was conclusively refuted by the record. The trial court relied on the transcript and on a written plea form executed by Brakeall. As noted, the transcript fails to refute Brakeall’s allegation and, in fact, supports it. The plea form, on the other hand, includes the following disclaimer:
I understand that the Department of Corrections is solely responsible for awarding gain time or any type of early release. I understand that any information I have received concerning gain time or early release is strictly an estimate and is not part of any plea discussion or agreement.
Nonetheless, in light of the sentencing court’s statement during the plea hearing that Brakeall would only serve “forty something” months, we cannot agree that' the notice on the plea form conclusively refutes Brakeall’s claim that he entered his plea based on the understanding that he would only, serve forty-seven months in prison. Therefore, we reverse and remand for an evidentiary hearing.
Reversed and remanded.
Reference
- Full Case Name
- Clarence BRAKEALL v. STATE of Florida
- Cited By
- 1 case
- Status
- Published