Pawle v. State

WHATLEY, Judge.

Anthony Pawle challenges the order of the trial court summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand the case to the trial court for an evidentiary hearing.

Pawle seeks to withdraw his plea because he alleges that counsel misadvised him regarding his jail credit award during the plea and sentencing phases of his case. Contrary to the trial court’s conclusion, the plea colloquy does not refute the allegation *1175of affirmative misadvice about the amount of jail credit that Pawle would receive…