Florida District Courts of Appeal, 2002

Worthy v. State

Worthy v. State
Florida District Courts of Appeal · Decided December 11, 2002 · Hazouri, Stevenson
831 So. 2d 818; 2002 Fla. App. LEXIS 18140; 2002 WL 31757271 (Southern Reporter, Second Series)

Worthy v. State

Opinion of the Court

PER CURIAM.

Amy Worthy appeals the summary denial of her motion under Rule 3.850, Florida Rules of Criminal Procedure. Worthy alleged that defense counsel affirmatively mislead her with regard to the forfeiture of gain time, and that she relied on the misadvice when she entered her plea. The record before this court supports Worthy’s claim.

Consequently, we reverse the order that summarily denied relief and remand for the trial court to conduct an evidentiary hearing or to attach documents to refute the claim. State v. Leroux, 689 So.2d 235 (Fla. 1996); Dellahoy v. State, 816 So.2d 1253 (Fla. 5th DCA 2002); Brazeail v. State, 821 So.2d 364 (Fla. 1st DCA 2002).

STEVENSON, HAZOURI and MAY, JJ., concur.

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