Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
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
Attorney(S)
Judges

PATRICK D. ECCLESTON, Appellant, v. STATE OF FLORIDA, Appellee.

PER CURIAM.

The appellant challenges an order by which his motions for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, were summarily denied. We are constrained by the Florida Supreme Court's decision in State v. Leroux, 689 So.2d 235 (Fla. 1996), to reverse the trial judge's order because the record attached to it, which includes the written plea agreements and the transcript of the plea hearing, does not conclusively refute the appellant's allegations that his pleas were induced by misinformation from his trial counsel regarding the amount of time he would actually serve and whether he would be eligible for gain time and controlled release programs.

The order of summary denial is REVERSED and the case is REMANDED to the trial court for an evidentiary hearing with regard to the allegations that the appellant's guilty pleas were induced by erroneous advice of counsel.

BARFIELD, C.J., JOANOS, J. and SMITH, Senior Judge, CONCUR.

Use AI to get other relevant cases.

Comments

ECCLESTON v. STATE
(Feb 6, 1998)