Exalisse v. State
Exalisse v. State
Opinion of the Court
Wilfred Exalisse appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, except as to the denial of Exalisse's second claim. The records attached to the trial court's order do not conclusively refute Exalisse's claim that his trial counsel had affirmatively mispresented the sentence that Exalisse would receive if he entered an open plea to the court. See, e.g. , Collazo v. State ,
On remand, the trial court shall either attach additional records conclusively refuting this claim or hold an evidentiary hearing.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
TORPY, EVANDER and BERGER, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.