Franklin v. State

Because the record does not conclusively refute the appellant’s claim of affirmative misadvice of counsel regarding the length of sentence, we reverse and remand for an evidentiary hearing. State v. Leroux, 689 So.2d 235, 236 (Fla.1996); Bell v. State, 746 So.2d 515 (Fla. 3d DCA 1999); Rensoli v. State, 718 So.2d 1278 (Fla. 3d DCA 1998).

Reversed and remanded.