02-1770 JORDAN V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-1770 JORDAN V. STATE

Case Date: 12/26/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

ONARAY VASHON JORDAN a/k/a ONARAY VASHOM JORDAN, ** Appellant, ** vs. ** THE STATE OF FLORIDA,

**

CASE NO. 3D02-1770

LOWER TRIBUNAL NOS. 93-25653 Appellee. ** 93-25965 93-25967 Opinion filed December 26, 2002. **

An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Peter R. Lopez, Judge. Onaray Vashon Jordan, in proper person. Richard E. Doran, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and SHEVIN, JJ.

PER CURIAM. Onaray Vashon Jordan appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure

3.850.

We reverse and remand for a hearing.

Defendant Jordan entered into a plea bargain with regard to five 1993 cases. agreed. Defendant-appellant Jordan alleges that he received He received a thirty-five-year sentence, as

affirmative misadvice from his trial counsel at the time he entered his plea. He states his trial counsel told him that he

would be eligible for basic gain time and incentive gain time. According to the defendant, his counsel advised him that he could expect to serve about twelve years of the thirty-five-year sentence. The defendant asserts that in October 2001, he was advised by the Department of Corrections that he was not eligible for basic gain time on one of the charges, sexual battery. 794.011(7), Fla. Stat. (1993). See

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