Public-domain · open source
OpenJurist

746 So. 2d 1193

Frazier v. State

District Court of Appeal of Florida

Decided December 14, 1999

District Court of Appeal of Florida · decided 1999-12-14

Relies on Carr v. State

Decided 1999-12-14

PER CURIAM.

¶1Affirming the order under review otherwise, we reverse and remand for an evi-dentiary hearing as to the alleged misad-vice of counsel only. Attached to the final order denying appellant’s motion for post conviction relief is the transcript of the plea colloquy in which the appellant states she has not discussed gain time with counsel. The trial court was entitled to rely on this statement, but it does not obviate the need for an evidentiary hearing on the allegation that defense counsel advised appellant she would not spend more than three years in jail as a result of her plea. See State v. Leroux, 689 So.2d 285 (Fla.1996).

¶2Affirmed in part, reversed in part, and remanded.

ALLEN, BENTON, and BROWNING, JJ., CONCUR.
/746/so2d/1193 · .json · Public domain