Legal Opinion

Murad v. State

District Court of Appeal of Florida

Decided April 23, 1997No. 96-3209Published

1Per curiam

We reverse the order denying defendant’s Florida Rule of Criminal Procedure 3.850 motion as to ground two of her motion and remand for an evidentiary hearing as the record does not conclusively refute defendant’s allegations as to her attorney’s misad-vice concerning gain-time eligibility. See State v. Leroux, 689 So.2d 235 (Fla.1996); Booth v. State, 687 So.2d 335 (Fla. 3d DCA 1997). On remand, the court must conduct a hearing “to determine the merits of ... defendant’s claim that [she] relied in good faith upon the erroneous advice of [her] attorney in entering a plea.” Leroux, 689 So.2d at…

2Cases cited2 opinions

  1. State v. LerouxSupreme Court of Florida · 1996
  2. Booth v. StateDistrict Court of Appeal of Florida · 1997

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