No. 97-2376 | Fla. Dist. Ct. App. | Nov 5, 1997
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" date_filed="1996-12-19" court="Fla." case_name="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.