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Florida District Courts of Appeal, 2003

Franklin v. State

Franklin v. State
Florida District Courts of Appeal · Decided January 22, 2003 · Cope, Goderich, Schwartz
839 So. 2d 731; 2003 Fla. App. LEXIS 471; 2003 WL 141478 (Southern Reporter, Second Series)

Franklin v. State

Opinion of the Court

PER CURIAM.

Because the record does not conclusively refute the appellant’s claim of affirmative misadvice of counsel regarding the length of sentence, we reverse and remand for an evidentiary hearing. State v. Leroux, 689 So.2d 235, 236 (Fla. 1996); Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998).

Reversed and remanded.

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