Leto v. State

ON MOTION FOR REHEARING

FARMER, Judge.

We vacate our earlier opinion, substituting a reversal for the previous affirmance. On remand the trial court shall conduct an evidentiary hearing on defendant’s motion for posteonvietion relief at which he should be given an opportunity to establish that in agreeing to enter his plea he was misled by the trial judge’s representations as to the probable length of time he would likely serve on the proposed sentence which, in turn, vitiated the voluntariness of the plea.

At the plea hearing the judge told defendant that if he pleaded guilty he would be…