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Alvarez v. State
700 So. 2d 1258
Fla. Dist. Ct. App.
1997
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PER CURIAM.

Salvador Raymundo Alvarez appeals the denial of his motion for postconviction relief pursuant to Rule 3.850. For the-following reasons, we reverse.

Alvarez claims his defense counsel misled him as to the amount of time he would actually serve on his concurrent fifteen-year sentences. He asserts that if he had not been misinformed regarding his eligibility for gain time and early release programs,- he would not have entered the plea.

“Misrepresentations by counsel as to the length of a sentence or eligibility for gain time can be the basis for postconviction relief in the form of leave to withdraw a guilty plea.” State v. Leroux, 689 So.2d 235, 236 (Fla.1996). The State acknowledges that a hearing will be necessary 'to determine the merits of Defendant’s claim. •,

Reversed and remanded for an evidentiary hearing.

Case Details

Case Name: Alvarez v. State
Court Name: District Court of Appeal of Florida
Date Published: Nov 5, 1997
Citation: 700 So. 2d 1258
Docket Number: No. 97-2376
Court Abbreviation: Fla. Dist. Ct. App.
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