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923 So. 2d 1193

Pierre v. State

District Court of Appeal of Florida · decided 2006-03-15

Cited by 1 later decisions — most recently October 2006

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2006-03-15

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PER CURIAM.

¶1Regis Camillo Pierre appeals from an order denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing.

¶2Under State v. Leroux, 689 So.2d 235 (Fla.1996), affirmative misadvice regarding the amount of time to be served on an agreed sentence can be a basis for post-conviction relief. See also Fisher v. State, 824 So.2d 1050 (Fla. 3d DCA 2002); Bauder v. State, 768 So.2d 1232 (Fla. 3d DCA 2000); Gonzales v. State, 766 So.2d 452 (Fla. 3d DCA 2000); Carter v. State, 752 So.2d 725 (Fla. 3d DCA 2000); Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998). As there is nothing in the record to affirmatively and conclusively refute Pierre’s claim, we reverse and remand this matter for an evidentiary hearing on the merits of the claim.

¶3Reversed and remanded.

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