Legal Opinion

Jones v. State

District Court of Appeal of Florida

Decided August 21, 1998No. 98-01444Published

1Per curiam

Louis Jones appeals the summary denial of his motion for postconviction relief. In a single issue, Jones claims that before he entered into a plea agreement, counsel affirmatively stated that he would be eligible for gain time. Upon arrival at prison he was informed that he was not eligible for gain time because he had been convicted of sexual batteries. Jones states that had he known that he was not eligible for gain time he would not have entered into the plea agreement.

The allegations are facially sufficient because such erroneous advice may constitute ineffective assistance of counsel…

2Cases cited2 opinions

  1. Carmichael v. StateDistrict Court of Appeal of Florida · 1994
  2. Young v. StateDistrict Court of Appeal of Florida · 1992

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