Public-domain · open source
OpenJurist

502 So. 2d 101

502 So.2d 101

12 Fla.L.Weekly 538

Docket No. 87-248.

McLendon v. State

DeWayne R. McLENDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 13, 1987.

District Court of Appeal of Florida · decided 1987-02-13

Relies on 477 So. 2d 655 - Bullard v. State

Decided 1987-02-13

¶1HALL, Judge.

¶2DeWayne McLendon appeals from the summary denial of his motion for postconviction relief. We reverse for further proceedings.

¶3McLendon alleges that his plea of guilty to a series of several felony charges was involuntary because his attorney promised him a more lenient sentence than the twenty-five years he actually received. If true, these allegations might justify withdrawal of the plea. See, e.g., Bullard v. State,477 So.2d 655 (Fla. 2d DCA 1985). However, the trial court failed to attach any evidence from the record that would refute McLendon's claim. After remand the court may again deny the motion, assuming the files and records in the case conclusively support a finding that McLendon is not entitled to relief, or the court may direct the state to file a response to the motion. If he desires further appellate review McLendon must file a notice of appeal within thirty days of any further order denying the motion for postconviction relief.

¶4Reversed.

¶5LEHAN, A.C.J., and SANDERLIN, J., concur.

/502/so2d/101 · .json · Public domain