Mobley v. State

Christopher Mobley appeals the summary denial of his motion for posteonviction relief. The only allegation warranting discussion concerns the claim that counsel was ineffective when she erroneously informed Mobley that he would be eligible for incentive gain time while serving the minimum mandatory term of his habitual violent felony offender sentence. Because Mobley’s allegation is not refuted by the plea colloquy and plea agreement, we reverse and remand for an eviden-tiary hearing as discussed below.

*1347Mobley entered a negotiated plea on January 19, 1993, and was sentenced as a habitual…