Robert Earl Hypes v. State of Florida

Appellant, Robert Earl Hypes, appeals an order of the trial court denying his motion to withdraw a guilty plea filed before sentencing. As we did in his companion case, Hypes v. State, 1D14-2597, we reverse.

The trial court erred when it did not permit Appellant to withdraw his guilty plea before sentencing after Appellant’s attorney openly acknowledged — in a written motion and in court — he had provided Appellant erroneous legal advice about the range of prison time Appellant was eligible to receive if he pled guilty.

Mr. Hypes pled guilty to all charges against him. There was no agreement as…