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Carter v. State

District Court of Appeal of Florida, Second District
Jun 5, 1992
599 So. 2d 773 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-01715.

June 5, 1992.

Appeal from the Circuit Court, Pinellas County, Brandt C. Downey, III, J.


Laurel Carter appeals the summary denial of her postconviction relief motion filed pursuant to Florida Rule of Criminal Procedure 3.850. One of her allegations is that her guilty plea was not voluntarily entered because it was based upon erroneous advice from her lawyer regarding the gain time that Carter was eligible to receive while serving her prison sentence. If her allegation is true, she may be entitled to relief. Tarpley v. State, 566 So.2d 914 (Fla. 2d DCA 1990); Ray v. State, 480 So.2d 228 (Fla. 2d DCA 1985). We affirm the trial court's denial of the other points raised by the appellant.

Accordingly, we reverse in part the trial court's denial of the appellant's motion and remand the case to the trial court for further proceedings pursuant to Florida Rule of Criminal Procedure 3.850.

SCHOONOVER, C.J., and DANAHY and PARKER, JJ., concur.


Summaries of

Carter v. State

District Court of Appeal of Florida, Second District
Jun 5, 1992
599 So. 2d 773 (Fla. Dist. Ct. App. 1992)
Case details for

Carter v. State

Case Details

Full title:LAUREL EHRLICH CARTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 5, 1992

Citations

599 So. 2d 773 (Fla. Dist. Ct. App. 1992)

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