Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

WILLIAM EARL SIEBERT, Appellant, vs. THE STATE OF FLORIDA, Appellee.

PER CURIAM.

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.

Use AI to get other relevant cases.

Comments

SIEBERT v. STATE
(Apr 28, 1999)