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700 So. 2d 458

McLeod v. State

District Court of Appeal of Florida

Decided October 22, 1997

District Court of Appeal of Florida · decided 1997-10-22

Cited by 12 later decisions — most recently January 2017

11 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1997-10-22

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PER CURIAM.

¶1We reverse an order denying Appellant’s motion for post-conviction relief and request to withdraw his plea, on allegations that the plea was coerced. Appellant’s claims are not refuted by the record. Therefore, we remand for an evidentiary hearing as to whether the plea was coerced and, therefore, involuntary.

¶2We have considered and reject the state’s assertion that the motion is an improper successive motion. Although Appellant did file a separate motion requesting a correction of gain time, that was essentially a motion to correct a sentence. The allegations here are substantially different and distinct.

STONE, C.J., and WARNER and SHAHOOD, JJ., concur.
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