Hector Colon v. State of Florida

CORRECTED OPINION

Appellant challenges the trial court’s denial of his motion for postconviction relief in which he claimed that his plea was involuntary because the Department of Corrections (“DOC”) determined a release date without considering the nearly two years appellant spent in county jail for one of his crimes, thereby increasing his incarceration by that amount. Because this was a direct consequence of his plea, we conclude that the motion was legally sufficient and reverse for an evidentiary hearing.

• Colon was charged with several crimes in four separate'cases, the most serious of…