Opinion
No. 98-2347
Opinion filed April 28, 1999. JANUARY TERM, A.D. 1999
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Michael A. Genden, Judge, L.T. No. 95-32486.
William Earl Siebert, in proper person.
Robert A. Butterworth, Attorney General, and Sylvie Perez-Posner, Assistant Attorney General, for appellee.
Before GERSTEN, FLETCHER and SHEVIN, JJ.
We reverse the order summarily denying defendant's motion for post-conviction relief. As the supreme court stated inState v. Leroux, 689 So.2d 235, 237 (Fla. 1996), upon review of the record in this case:
it cannot be said that [defendant's] allegations of the misadvise of counsel are `conclusively' rebutted by the plea colloquy. While the plea colloquy may appear to be some evidence contrary to defendant's claim, it is not so clear or so inconsistent with the claim so as to `conclusively' rebut it.
The order under review is reversed and the cause remanded for an evidentiary hearing.