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704 So. 2d 547

Roth v. State

District Court of Appeal of Florida · decided 1997-04-23

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

Decided 1997-04-23

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2We grant rehearing and substitute the following opinion for the opinion filed February 5,1997.

¶3We reverse the order denying defendant’s Florida Rule of Criminal Procedure 3.850 motion as to grounds one and two of defendant’s motion and remand for an evidentiary hearing as the record does not conclusively refute defendant’s allegations as to his attorney’s misadvice concerning gain-time eligibility. State v. Leroux, 689 So.2d 235 (Fla.1996); Booth v. State, 687 So.2d 335 (Fla. 3d DCA 1997). On remand, the court must conduct a hearing “to determine the merits of ... defendant’s claim that he relied in good faith upon the erroneous advice of his attorney in entering a plea.” Leroux, 689 So.2d 235.

¶4We affirm the remaining portions of the order.

¶5Affirmed in part, reversed in part, and remanded.

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