SANCHEZ v. STATE (2002)

District Court of Appeal of Florida,Third District.

Angel SANCHEZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D02-431.

Decided: November 06, 2002

Before JORGENSON, COPE, and GODERICH, JJ.

Angel Sanchez, in proper person. Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Defendant appeals from an order summarily denying his motion for postconviction relief. We reverse and remand for an evidentiary hearing, as the record does not conclusively refute defendant's claim that when he entered his plea, he was not fully informed of how much time he would he required to serve. See Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998) (holding that where record does not conclusively refute the sworn claim of affirmative misadvice by counsel, remand for evidentiary hearing required.).

REVERSED AND REMANDED.

PER CURIAM.

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