Flores v. State

Appellant, Jose R. Flores (“defendant”), challenges an order summarily denying his motion for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. We are constrained by the Florida Supreme Court’s decision in State v. Leroux, 689 So.2d 235 (Fla.1996) to reverse.

The record, which includes the transcript of the plea hearing, does not conclusively refute the defendant’s allegation that his plea was induced by erroneous information regarding the amount of time he would actually serve, provided by his attorney. Accordingly, we reverse the order denying the defendant’s…