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639 So. 2d 1119

Jackson v. State

District Court of Appeal of Florida · decided 1994-07-26

Relies on 527 So. 2d 1380 - Florida Bar v. Mullins · Walker v. State · 578 So. 2d 514 - Walker v. State

Decided 1994-07-26

PER CURIAM.

¶1Alfonso Jackson appeals an order denying post-conviction relief. The State concedes that defendant is entitled to an evidentiary hearing at which he will have an opportunity to show that his failure to return from furlough was excusable or justifiable such that his -violation of the furlough agreement was involuntary. See Rodriguez v. State, 600 So.2d 46 (Fla. 3d DCA 1992); Walker v. State, 599 So.2d 233, 234 (Fla. 3d DCA 1992); Walker v. State, 578 So.2d 514, 515 (Fla. 3d DCA 1991). Absent defendant’s showing of a legally sufficient excuse for failure to return from furlough, the thirty-year sentence will stand. We reject defendant’s argument that the plea bargain itself was illegal. See Quarterman v. State, 527 So.2d 1380 (Fla.1988).

¶2Reversed and remanded for evidentiary hearing.

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