Pilgrom v. State
Pilgrom v. State
Opinion of the Court
Carol Pilgrom appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Pilgrom pleaded guilty to manslaughter in exchange for a negotiated sentence. She now alleges that she is entitled to withdraw her plea pursuant to Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000). We reverse and remand this claim for an evidentiary hearing. We af
Pilgrom pleaded no contest to an offense that occurred during the Heggs
The trial court denied the claim finding that it was refuted by the record. The trial court relied on the written plea agreement and the transcript of the plea colloquy which indicate only that the agreed upon sentence was fifteen years’ prison and make no reference to the guidelines. We cannot agree that these documents refute Pilgrom’s sworn claim. “Neither document demonstrates how the negotiations culminated in that figure nor what [the defendant’s] understanding was of the agreement.” Enchautequi, 782 So.2d at 459. If Pilgrom can demonstrate that she agreed to the sentence based on her understanding that it was within the guidelines, then she will be entitled to withdraw her plea.
Affirmed in part; reversed in part; and remanded for an evidentiary hearing.
. Heggs v. State, 759 So.2d 620 (Fla. 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.