Smith v. State
Smith v. State
Opinion of the Court
Theodore Smith, Jr. appeals the summary denial of his Criminal Rule of Procedure 3.850 motion for postconviction relief. We reverse.
Pursuant to a negotiated guilty plea, Smith was sentenced to fifteen years for each of his first two counts, concurrently, with a ten-year mandatory minimum as a Prison Releasee Reoffender, and to a consecutive term of seven years for his third count, for a total of twenty-two years in prison. In his motion for postconviction relief, he claimed ineffective assistance of counsel in misadvising him that all of his sentences would run concurrently, for a
Smith’s motion was legally sufficient. A postconviction movant may be entitled to relief in the form of leave to withdraw a plea on the basis of defense counsel’s misrepresentation about the length of a sentence. See State v. Leroux, 689 So.2d 235, 236 (Fla. 1996). Accordingly, we reverse and remand for an evidentiary hearing or the attachment of portions of the record that conclusively refute Smith’s ground for relief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.