Opinion
Case No. 4D02-4047.
Opinion filed December 11, 2002.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Royce Agner, Judge; L.T. Case No. 98-25132 CF10A.
Amy Worthy, Ft. Lauderdale, pro se.
Richard E. Doran, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
Amy Worthy appeals the summary denial of her motion under Rule 3.850, Florida Rules of Criminal Procedure. Worthy alleged that defense counsel affirmatively mislead her with regard to the forfeiture of gain time, and that she relied on the misadvice when she entered her plea. The record before this court supports Worthy's claim.
Consequently, we reverse the order that summarily denied relief and remand for the trial court to conduct an evidentiary hearing or to attach documents to refute the claim. State v. Leroux, 689 So.2d 235 (Fla. 1996); Dellahoy v. State, 816 So.2d 1253 (Fla. 5th DCA 2002); Brazeail v. State, 821 So.2d 364 (Fla. 1st DCA 2002).
STEVENSON, HAZOURI and MAY, JJ., concur.