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Kelly v. State
623 So. 2d 619
Fla. Dist. Ct. App.
1993
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PER CURIAM.

We reverse and remand for an evidentiary hearing on appellant’s claim that he would not have pleaded guilty if he had known that information concerning his sentence given to him by his counsel prior to the plea was incorrect. See Corbitt v. State, 584 So.2d 231 (Fla. 5th DCA 1991). We are particularly concerned because appellant has proffered a copy of an alleged letter from counsel which, although dated the day after the sentencing, is some evidence supporting appellant’s allegations as to counsel’s advice.

ANSTEAD, HERSEY and FARMER, JJ., concur.

Case Details

Case Name: Kelly v. State
Court Name: District Court of Appeal of Florida
Date Published: Sep 8, 1993
Citation: 623 So. 2d 619
Docket Number: No. 93-1742
Court Abbreviation: Fla. Dist. Ct. App.
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