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Kelly v. State

District Court of Appeal of Florida, Fourth District
Sep 8, 1993
623 So. 2d 619 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1742.

September 8, 1993.

Appeal from the Circuit Court, Broward County, Charles M. Greene, J.

Bert Winkler, West Palm Beach, for appellant.

No appearance required for appellee.


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.


Summaries of

Kelly v. State

District Court of Appeal of Florida, Fourth District
Sep 8, 1993
623 So. 2d 619 (Fla. Dist. Ct. App. 1993)
Case details for

Kelly v. State

Case Details

Full title:HERBERT HOOVER KELLY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 8, 1993

Citations

623 So. 2d 619 (Fla. Dist. Ct. App. 1993)

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