O'Neal v. State

The appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he alleged his trial counsel affirmatively mi-sadvised him regarding his eligibility for gain time. Because the trial court failed to attach portions of the record conclusively refuting the appellant’s claim, we reverse.

The trial court concluded that the appellant was not entitled to relief because he was fully advised as to the length of his sentence and attached portions of the sentencing hearing to support its conclusion. However,…