From Casetext: Smarter Legal Research

Ward v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 1989
545 So. 2d 523 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-644.

July 6, 1989.

Appeal from the Circuit Court for Seminole County; C. Vernon Mize, Jr., Judge.

Tommy Jack Ward, Pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal of an order summarily denying a Rule 3.850 motion. Although the first two issues raised by the defendant are legally insufficient or refuted by the exhibits to the motion, the trial court erred in denying the motion as to the allegation that the defendant entered his plea based on an agreement that he would receive a term of incarceration within the recommended guideline range, when in fact his sentence was increased one cell and included probation. Although the trial court indicated that the increase was based on a plea agreement, that statement does not refute the possibility that the defendant was not properly advised as to the terms of the agreement or that he misunderstood the bargain. Since the motion is facially sufficient on this ground, the case is remanded to the trial court with directions to either attach portions of the record conclusively refuting the defendant's allegations regarding his plea bargain, or to direct the state to file an answer and determine whether an evidentiary hearing is required.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB and GOSHORN, JJ., concur.


Summaries of

Ward v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 1989
545 So. 2d 523 (Fla. Dist. Ct. App. 1989)
Case details for

Ward v. State

Case Details

Full title:TOMMY JACK WARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 6, 1989

Citations

545 So. 2d 523 (Fla. Dist. Ct. App. 1989)

Citing Cases

Smith v. State

Although the state has referred to some records in its response, even if the records were attached (which…

Davis v. State

The state, in the response ordered by this court, concedes that a claim that a plea was entered involuntarily…