Jerkins v. State
Jerkins v. State
Opinion of the Court
Appellant seeks review of the summary denial of a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the summary denial of appellant’s claim that his admission to an affidavit alleging a violation of probation was involuntary. We affirm without discussion the summary denial of appellant’s second claim.
In his motion, appellant alleged that he was on probation for an offense committed in January of 1997, before the effective date of the Criminal Punishment Code. He further alleged that, when he admitted violating probation in 2006 in exchange for a sentence of ten years’ imprisonment, his attorney erroneously told him he was subject to the Criminal Punishment Code and, therefore, a maximum of 15 years’ imprisonment, rather than the 1995 sentencing guidelines, pursuant to which his maximum sentence (absent a departure) would be much less. These allegations were facially sufficient.
In Hickey v. State, 740 So.2d 8 (Fla. 1st DCA 1999), the defendant alleged that his plea to an upward departure sentence had been involuntary where neither his attorney nor the trial court informed him that he was agreeing to an upward departure
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.