Florida District Courts of Appeal, 2015

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided July 31, 2015 · Berger, Lawson, Sawaya
175 So. 3d 827; 2015 Fla. App. LEXIS 11573; 2015 WL 4577116 (Southern Reporter, Third Series)

Jones v. State

Opinion of the Court

ON CONFESSION OF ERROR

PER CURIAM.

Jimmie Jones appeals the denial of his Motion to Vacate, Set Aside or Correct Sentence, challenging his conviction on a single charge of Robbery with a Deadly Weapon. The State appropriately concedes that the trial judge erred by failing to address Jones’ Claim 2, subclaim 3, that Jones’ plea was induced by coercion in that his counsel misadvised him that if he did not enter a plea and was convicted he would “definitely” receive a life sentence. Accordingly, we remand with directions that the trial court address this subclaim. As to all issues actually addressed in the trial court’s order, we affirm without discussion.

AFFIRMED IN PART; REMANDED FOR FURTHER PROCEEDINGS.

LAWSON, C.J., SAWAYA and BERGER, JJ., concur.

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