GERDING v. STATE (2026)

Randall Lynn Gerding appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We reverse as to the first issue Appellant raises on appeal; that is, that his trial counsel was ineffective for misadvising him of the length of sentence he would receive upon pleading guilty. See generally Lamkin v. State, 215 So. 3d 640 (Fla. 5th DCA 2017). We remand with instructions for the postconviction court to either attach records conclusively refuting Appellant's claim or to conduct an evidentiary hearing on that claim. Our reversal of this ground should not be construed or interpreted by the postconviction court as indicating that we have determined, on the merits, that Appellant is entitled to relief on this ground. See Davis v. State, 373 So. 3d 372 (Fla. 5th DCA 2023).

We affirm the trial court's ruling on the second ground of Appellant's postconviction motion without further discussion.

Affirmed in part, Reversed in part, and Remanded with instructions.

Per Curiam.

Harris, Soud, and MacIver, JJ., concur.