Opinion
No. 99-2326.
Opinion filed September 8, 1999.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. No. 95-18686 CF10B, 92-2520 CF10A, 91-13729 CF10C.
Luis Colon, Okeechobee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.
Appellant's claim of an involuntary plea based on "misadvice" of counsel associated with the length of his sentence is legally sufficient and was not refuted by the portions of the record attached to the trial court's order. See generally State v. Leroux, 689 So.2d 235 (Fla. 1996), as the state concedes.
We reverse and remand for attachment of portions of the record which conclusively refute this claim, or for an evidentiary hearing thereon.
WARNER, C.J., DELL and STEVENSON, JJ., concur.