EXALISSE v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Wilfred EXALISSE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1647

Decided: August 24, 2018

Wilfred Exalisse, Bushnell, pro se. No Appearance for Appellee.

Wilfred Exalisse appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, except as to the denial of Exalisse's second claim. The records attached to the trial court's order do not conclusively refute Exalisse's claim that his trial counsel had affirmatively mispresented the sentence that Exalisse would receive if he entered an open plea to the court. See, e.g., Collazo v. State, 8 So.3d 1273, 1274 (Fla. 5th DCA 2009) (holding the general question during plea colloquy about promises made in exchange for plea is insufficient to conclusively refute allegation of specific misadvice by counsel about length of sentence).

On remand, the trial court shall either attach additional records conclusively refuting this claim or hold an evidentiary hearing.

AFFIRMED, in part; REVERSED, in part; and REMANDED.

PER CURIAM.

TORPY, EVANDER and BERGER, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network