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700 So. 2d 1258

Alvarez v. State

District Court of Appeal of Florida

Decided November 5, 1997

District Court of Appeal of Florida · decided 1997-11-05

Cited by 3 later decisions — most recently July 2000

3 state decisions

Relies on 689 So. 2d 235 - State v. Leroux

Good law ✅— No negative treatment on recordhow we know

Decided 1997-11-05

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PER CURIAM.

¶1Salvador Raymundo Alvarez appeals the denial of his motion for postconviction relief pursuant to Rule 3.850. For the-following reasons, we reverse.

¶2Alvarez claims his defense counsel misled him as to the amount of time he would actually serve on his concurrent fifteen-year sentences. He asserts that if he had not been misinformed regarding his eligibility for gain time and early release programs,- he would not have entered the plea.

¶3“Misrepresentations by counsel as to the length of a sentence or eligibility for gain time can be the basis for postconviction relief in the form of leave to withdraw a guilty plea.” State v. Leroux, 689 So.2d 235, 236 (Fla.1996). The State acknowledges that a hearing will be necessary 'to determine the merits of Defendant’s claim. •,

¶4Reversed and remanded for an evidentiary hearing.

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