Wilson v. State

- Eric A. Wilson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Wilson asserts that he would not have entered a plea to the *238numerous charges against him but for his counsel’s erroneous advice concerning the amount of gain time for which Wilson would be eligible. This is a facially sufficient claim that is not conclusively refuted by the record. See Criss v. State, 713 So.2d 1078 (Fla. 2d DCA 1998). Accordingly, we reverse and remand for an evi-dentiary hearing.

The trial court denied Wilson’s claim based on the…