Eccleston v. State, 97-2876
| Decision Date | 06 February 1998 |
| Docket Number | No. 97-2876,97-2876 |
| Citation | 706 So.2d 368 |
| Parties | 23 Fla. L. Weekly D433 Patrick D. ECCLESTON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Duval County; L. Haldane Taylor, Judge.
Patrick D. Eccleston, Appellant, pro se.
No appearance for Appellee.
The appellant challenges an order by which his motions for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, were summarily denied. We are constrained by the Florida Supreme Court's decision in State v. Leroux, 689 So.2d 235 (Fla.1996), to reverse the trial judge's order because the record attached to it, which includes the written plea agreements and the transcript of the plea hearing, does not conclusively refute the appellant's allegations that his pleas were induced by misinformation from his trial counsel regarding the amount of time he would actually serve and whether he would be eligible for gain time and controlled release programs.
The order of summary denial is REVERSED and the case is REMANDED to the trial court for an evidentiary hearing with regard to the allegations that the appellant's guilty pleas were induced by erroneous advice of counsel.
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Brazeail v. State, 1D02-0763.
...So.2d 701 (Fla.1977); State v. Leroux, 689 So.2d 235 (Fla.1996); Banks v. State, 136 So.2d 25 (Fla. 1st DCA 1962); Eccleston v. State, 706 So.2d 368 (Fla. 1st DCA 1998). These decisions were not founded on a theory of ineffectiveness of counsel. Indeed, all but Leroux and Eccleston were dec......
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State v. Yeomans
...So.2d 701 (Fla.1977) ; State v. Leroux, 689 So.2d 235 (Fla.1996) ; Banks v. State, 136 So.2d 25 (Fla. 1st DCA 1962) ; Eccleston v. State, 706 So.2d 368 (Fla. 1st DCA 1998). These decisions were not founded on a theory of ineffectiveness of counsel.... The issue under the Florida decisions i......
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Clemmons v. State, 1D05-3965.
...1st DCA Feb.15, 2005), rev. pending, No. SC05-0516; Brazeail v. State, 821 So.2d 364, 366-68 (Fla. 1st DCA 2002); Eccleston v. State, 706 So.2d 368, 369 (Fla. 1st DCA 1998). We, therefore, reverse the summary denial of the appellant's claim for ineffective assistance of counsel and remand t......
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Romero v. State, 98-3374.
...misadvice of counsel regarding the amount of time the defendant would actually serve on the sentence imposed); Eccleston v. State, 706 So.2d 368 (Fla. 1st DCA 1998); Ripley v. State, 706 So.2d 406 (Fla. 1st DCA 1998). Accordingly, the order of summary denial is reversed, and we remand the c......