5D05-3728 Shannon Michaelv. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-3728

Case Date: 02/06/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 SHANNON MICHAEL, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 10, 2006 3.850 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge. Shannon G. Michael, Bowling Green, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach. PER CURIAM. Appellant challenges the summary denial of his rule 3.850 motion for postconviction relief. We affirm except as to ground three of his motion, which asserts that based on defense counsel's misinformation as to the potential maximum sentence he could receive at trial, Appellant rejected a plea offer for a significantly shorter sentence than the habitual felony offender sentence that was imposed after trial. As the State concedes on appeal, the trial court failed to attach portions of the record that conclusively negate Appellant's allegation. On remand, the trial court shall either attach portions of the record that Case No. 5D05-3728

conclusively refute Appellant's claim in ground three or hold an evidentiary hearing on the matter. AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, PALMER and TORPY, JJ., concur.

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