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McLendon v. State

District Court of Appeal of Florida, Second District
Feb 13, 1987
502 So. 2d 101 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-248.

February 13, 1987.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Robert H. Bonanno, Acting Circuit Judge.


DeWayne McLendon appeals from the summary denial of his motion for postconviction relief. We reverse for further proceedings.

McLendon alleges that his plea of guilty to a series of several felony charges was involuntary because his attorney promised him a more lenient sentence than the twenty-five years he actually received. If true, these allegations might justify withdrawal of the plea. See, e.g., Bullard v. State, 477 So.2d 655 (Fla. 2d DCA 1985). However, the trial court failed to attach any evidence from the record that would refute McLendon's claim. After remand the court may again deny the motion, assuming the files and records in the case conclusively support a finding that McLendon is not entitled to relief, or the court may direct the state to file a response to the motion. If he desires further appellate review McLendon must file a notice of appeal within thirty days of any further order denying the motion for postconviction relief.

Reversed.

LEHAN, A.C.J., and SANDERLIN, J., concur.


Summaries of

McLendon v. State

District Court of Appeal of Florida, Second District
Feb 13, 1987
502 So. 2d 101 (Fla. Dist. Ct. App. 1987)
Case details for

McLendon v. State

Case Details

Full title:DeWAYNE R. McLENDON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 13, 1987

Citations

502 So. 2d 101 (Fla. Dist. Ct. App. 1987)

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