Mack v. State, 95-00076

• Decision Date: 31 May 1995
• Docket Number: No. 95-00076,95-00076
• Citation: 655 So.2d 1251
• Parties: 20 Fla. L. Weekly D1318 Montrey MACK, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1251

655 So.2d 1251

20 Fla. L. Weekly D1318

Montrey MACK, Appellant, v. STATE of Florida, Appellee.

No. 95-00076.

District Court of Appeal of Florida, Second District.

May 31, 1995.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Susan Sexton, Judge.

PER CURIAM.

Montrey Mack appeals the summary denial of his timely filed motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Mack contends that prior to entering his guilty pleas, he was not advised about the maximum penalties, including minimum mandatory sentences, he was facing as a violent habitual felony offender. The trial court's failure to advise him at the change of plea hearing of the minimum mandatory sentences is ground for relief. See State v. Wilson, 395 So.2d 520 (Fla.1981); Key v. State, 599 So.2d 1040 (Fla. 2d DCA 1992).

The plea colloquy, which the trial court attached to its order denying Mack's motion, actually supports Mack's contention. Accordingly, we reverse the order denying Mack's motion and remand with directions to the trial court to offer Mack the opportunity to withdraw his guilty pleas.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur.