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508 So. 2d 524

508 So.2d 524

12 Fla.L.Weekly 1477

Docket No. 87-788.

Netherly v. State

Ernest NETHERLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1987-06-10

Cited by 5 later decisions — most recently July 1992

5 state decisions

Key passage — most relied on by later courts

“misinformed him about the amount of gain-time his conviction would cause him to lose.”

quoted by 1 later decision, including 611 So. 2d 1250 - Simmons v. State

Relies on 480 So. 2d 228 - Ray v. State · 493 So. 2d 58 - Hodo v. State · Wynn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-10

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2Ernest Netherly appeals from the summary denial of his post-conviction motion filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. We reverse.

¶3Among the grounds urged by Netherly in support of his motion before the trial court was the contention that his nolo contendere plea to a charge of escape was involuntary. He asserted that he was not informed by his attorney that the conviction resulting from his plea would cause him to lose 2514 days gain-time thus extending his release date from December 1986 to October 1993. If it is true that he was not told of that consequence, Netherly was entitled to withdraw his plea. Ray v. State, 480 So.2d 228, 229 (Fla. 2d DCA 1985); Wynn v. State, 452 So.2d 1097 (Fla. 2d DCA 1984).

¶4The transcript of Netherly's sentencing hearing was attached to his motion but it does not overcome his claim that he was not advised of the effect of his plea. Indeed, the record contains a letter to *525 Netherly from his public defender confirming that she misinformed him about the amount of gain-time his conviction would cause him to lose. At the very least the trial court, consistent with Rule 3.850, should have required the state to respond to his motion. Thus, we reverse the denial of Netherly's motion and remand to the trial court with directions that it follow Rule 3.850. Huntley v. State, 493 So.2d 58 (Fla. 1st DCA 1986).

¶5Reversed and remanded with directions.

¶6DANAHY, C.J., and RYDER and FRANK, JJ., concur.

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