Griffin v. State

Full title: PAUL GRIFFIN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 14, 2004

869 So. 2d 773 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D02-4248.

Opinion Filed April 14, 2004.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 00-21836 CF10A.

Jason T. Forman of the Law Offices of Jason T. Forman, P.A., Ft. Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Paul Griffin appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing on one point, as the plea colloquy and forms do not conclusively refute Griffin's claim of misadvice associated with his entitlement to gain time and its effect on the length of his sentence. See State v. Leroux, 689 So.2d 235 (Fla. 1996); Lewis v. State, 795 So.2d 1061 (Fla. 4th DCA 2001).

FARMER, C.J., KLEIN and MAY, JJ., concur.