Opinion
Case No. 96-3209
Opinion filed April 23, 1997.
An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Michael A. Genden, Judge.
LOWER TRIBUNAL NO. 94-33166
Scott W. Sakin, for appellant.
Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, for appellee.
Before LEVY, GREEN and SHEVIN, JJ.
We reverse the order denying defendant's Florida Rule of Criminal Procedure 3.850 motion as to ground two of her motion and remand for an evidentiary hearing as the record does not conclusively refute defendant's allegations as to her attorney's misadvice concerning gain-time eligibility. See State v. Leroux, 21 Fla. L. Weekly S557 (Fla. Dec. 19, 1996); Booth v. State, 687 So.2d 335 (Fla. 3d DCA 1997). On remand, the court must conduct a hearing "to determine the merits of . . . defendant's claim that [she] relied in good faith upon the erroneous advice of [her] attorney in entering a plea." Leroux, 21 Fla. L. Weekly at S559.
We affirm the remaining portions of the order.
Affirmed in part, reversed in part, and remanded.