ISAZA v. STATE (1999)

District Court of Appeal of Florida,Third District.

Clemente ISAZA, Appellant, v. The STATE of Florida, Appellee.

No. 99-2327.

Decided: November 03, 1999

Before JORGENSON, GREEN and SHEVIN, JJ.

Clemente Isaza, in proper person. Robert A. Butterworth, Attorney General, for appellee.

We reverse the order denying defendant's motion for post-conviction relief solely on the ground that defendant's plea was involuntary based on misadvice of counsel regarding the amount of time defendant would serve on the sentence imposed. See Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998). As the record does not conclusively refute defendant's claim, this cause is remanded for an evidentiary hearing pursuant to State v. Leroux, 689 So.2d 235 (Fla.1996).

Reversed and remanded.

PER CURIAM.

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