Rivero v. State

Hector Manuel RIVERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 24, 1999.

District Court of Appeal of Florida · decided 1999-11-24

Relies on 689 So. 2d 235 - State v. Leroux · 718 So. 2d 1278 - Rensoli v. State · Caballero v. Gonzalez

Good law ✅— No negative treatment on recordhow we know

Decided 1999-11-24

How this case has been cited

Cited by 5 later decisions — most recently July 2011

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Hector Manuel Rivero, in proper person.

¶2Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

¶3Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.

¶4PER CURIAM.

¶5Hector Manuel Rivero appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. As to ground one, the state properly concedes that the record does not conclusively refute defendant's allegations that his attorney misadvised him concerning the amount of time he would serve. See State v. Leroux, 689 So.2d 235 (Fla.1996); Siebert v. State, 730 So.2d 852 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998); Flores v. State, 717 So.2d 161 (Fla. 3d DCA 1998). Accordingly, we reverse the order and remand for an evidentiary hearing on that allegation. We affirm the order as to the second ground as it is legally insufficient.

¶6Affirmed in part, reversed in part, and cause remanded.