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539 So. 2d 508

539 So.2d 508

14 Fla.L.Weekly 516

Puesan v. State

District Court of Appeal of Florida

Decided February 22, 1989

District Court of Appeal of Florida · decided 1989-02-22

Cited by 3 later decisions — most recently May 1996

3 state decisions

Relies on 509 So. 2d 1149 - Golden v. State · 408 So. 2d 675 - Ramsey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-22

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PER CURIAM.

¶1This is an appeal from an order denying a motion to vacate judgment and sentence filed pursuant to Florida Rule of Criminal Procedure 3.850.

¶2The record before the court does not refute appellant’s sworn statements that, based on her attorney’s representations, she misunderstood the minimum mandatory sentence she could receive. Nor did the trial judge in the plea colloquy inform the appellant that the sentence of fifteen years that he could impose would be a minimum mandatory sentence. See Ramsey v. State, 408 So.2d 675, 676 (Fla. 4th DCA 1981) (test is whether defendant was prejudiced by honest misunderstanding which contaminated voluntariness of plea); Golden v. State, 509 So.2d 1149, 1150 (Fla. 1st DCA 1987). (Plea may be withdrawn when defendant was induced to enter plea by mistake or misunderstanding).

¶3We therefore reverse and remand for an evidentiary hearing on the motion.

STONE, WARNER and POLEN, JJ., concur.
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