Florida District Courts of Appeal, 2000

Bauder v. State

Bauder v. State
Florida District Courts of Appeal · Decided October 4, 2000 · Fletcher, Schwartz, Shevin
768 So. 2d 1232; 2000 Fla. App. LEXIS 12701; 2000 WL 1471741 (Southern Reporter, Second Series)

Bauder v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying defendant’s post-conviction relief motion and remand for further proceedings. Under State v. Leroux, 689 So.2d 235 (Fla. 1996), and its progeny, defendant is entitled to an evidentiary hearing on the issue of whether trial counsel misrepresented to defendant the amount of time defendant would serve on his sentence. Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); see Rivero v. State, 744 So.2d 1255 (Fla. 3d DCA 1999).

Reversed and remanded.

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