Wright v. State
| Decision Date | 29 July 1991 |
| Docket Number | No. 91-220,91-220 |
| Citation | 583 So.2d 399 |
| Parties | 16 Fla. L. Weekly D1925 Frank A. WRIGHT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Frank A. Wright, pro se.
No appearance for appellee.
Wright appeals the trial court's summary denial of a motion for post-conviction relief, filed pursuant to Fla.R.Crim.P. 3.850. Appellant, who entered a negotiated plea of guilty to a charge of sale or delivery of cocaine, contends that prior to entry of the plea, he "was not instructed properly by counsel as to the restriction of basic gain time and provisional release credits, which are extended to most nonhabitualized inmates." We affirm the trial court's denial of the petition and distinguish our recent decision in Rackley v. State, 571 So.2d 533 (Fla. 1st DCA 1990).
The petitioner in Rackley affirmatively alleged that he had been given erroneous and misleading information concerning nonavailability of gain time, and specifically contended that court-appointed counsel informed petitioner that, even as an habitual offender, he would actually serve about four years of a ten year sentence. On these facts we held that Rackley's 3.850 petition could not be summarily dismissed, since the sparse record before the court in that case did not conclusively refute Rackley's allegations. In the present case, however, the petitioner does not allege that he was affirmatively misled by counsel. See, Tarpley v. State, 566 So.2d 914 (Fla. 2d DCA 1990); Netherly v. State, 508 So.2d 524 (Fla. 2d DCA 1987); Ray v. State, 480 So.2d 228 (Fla. 2d DCA 1985).
Since it may not be said in the present case that Wright, in deciding whether to enter a plea, relied upon affirmative erroneous advice regarding the effect of gain time and similar provisions, we conclude that the trial court correctly dismissed the 3.850 motion.
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...v. State, 611 So.2d 1250, 1252-53 (Fla. 2d DCA 1992); Levens v. State, 598 So.2d 120, 121 (Fla. 1st DCA 1992); Wright v. State, 583 So.2d 399, 400 (Fla. 1st DCA 1991); see also Blackshear v. State, 455 So.2d 555, 556 (Fla. 1st DCA 1984) (forfeiture of accumulated gain time). But see Wilcox ......
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Eady v. State, 92-460
...the defendant's eligibility for various types of gain-time. Levens v. State, 598 So.2d 120 (Fla. 1st DCA 1992); Wright v. State, 583 So.2d 399 (Fla. 1st DCA 1991). In other words, the defendant must allege that he or she relied upon affirmative erroneous advice in making a decision to enter......
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Simmons v. State, 91-03172
...time, was the dispositive consideration in its decision to reverse. Levens v. State, 598 So.2d 120 (Fla. 1st DCA 1992); Wright v. State, 583 So.2d 399 (Fla. 1st DCA 1991). In Levens the court distinguished Setzer as involving rule 3.170(f) rather than 3.850. In concluding that Setzer was en......
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Levens v. State, 91-2852
...of his plea agreement for an habitual felony offender sentence, he would not be entitled to receive basic gain time. In Wright v. State, 583 So.2d 399 (Fla. 1st DCA 1991), the court rejected similar claims, finding them insufficient to warrant relief, because they failed to set forth affirm......