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Mack v. State

District Court of Appeal of Florida, Second District
May 31, 1995
655 So. 2d 1251 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-00076.

May 31, 1995.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Susan Sexton, Judge.


Montrey Mack appeals the summary denial of his timely filed motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Mack contends that prior to entering his guilty pleas, he was not advised about the maximum penalties, including minimum mandatory sentences, he was facing as a violent habitual felony offender. The trial court's failure to advise him at the change of plea hearing of the minimum mandatory sentences is ground for relief. See State v. Wilson, 395 So.2d 520 (Fla. 1981); Key v. State, 599 So.2d 1040 (Fla. 2d DCA 1992).

The plea colloquy, which the trial court attached to its order denying Mack's motion, actually supports Mack's contention. Accordingly, we reverse the order denying Mack's motion and remand with directions to the trial court to offer Mack the opportunity to withdraw his guilty pleas.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur.


Summaries of

Mack v. State

District Court of Appeal of Florida, Second District
May 31, 1995
655 So. 2d 1251 (Fla. Dist. Ct. App. 1995)
Case details for

Mack v. State

Case Details

Full title:MONTREY MACK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 31, 1995

Citations

655 So. 2d 1251 (Fla. Dist. Ct. App. 1995)