Criss v. State

Thomas Criss appeals the summary denial of his motion for postconviction relief which includes the allegation that counsel misad-vised him about his eligibility for gain time and provisional credits. Criss states that he would not have entered into the plea agreement but for such misinformation. Such erroneous advice may constitute ineffective assistance of counsel which might entitle an appellant to withdraw his plea. See Carmichael v. State, 631 So.2d 346 (Fla. 2d DCA 1994); Young v. State, 604 So.2d 925 (Fla. 2d DCA 1992).

The trial court has failed to rebut Criss’ allegation by merely…