Colon v. State

ON MOTION TO ENFORCE MANDATE

In our opinion reversing a summary denial of a rule 3.850 motion, we reversed and remanded on the authority of State v. Leroux, 689 So.2d 235 (Fla.1996) and ordered the trial court to either attach portions of the record which conclusively refute the claim that appellant’s plea was involuntary based on his counsel’s misadvice, or to conduct an evidentiary hearing on the issue. On remand, the state, which had conceded the applicability of Leroux on appeal, filed a second response, basically ignoring Leroux. It attached to its pleading the plea colloquy which had…