Gant v. State, 777 So. 2d 455 (Fla. 1st DCA 2001). · Go Syfert
Gant v. State, 777 So. 2d 455 (Fla. 1st DCA 2001). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Parks v. State (fladistctapp, 2002-04-05)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Parks v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Gant v. State, 777 So.2d 455 (Fla. 1st DCA 2001); Lewis v. State, 751 So.2d 715 (Fla. 5th DCA 2000); Lester v. State, 773 So.2d 1188 (Fla. 2d DCA 2000).
Retrieving the full opinion text from the archive…
Ricky Lawrence GANT
v.
STATE of Florida
No. 1D00-1846.
District Court of Appeal of Florida, First District.
Feb 14, 2001.
777 So. 2d 455
2001 Fla. App. LEXIS 1313
2001 WL 120079
Appellant, pro se., Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.
Barfield, Polston, Wolf.
Cited by 1 opinion  |  Published
PER CURIAM.

The appellant challenges an order of the trial court summarily denying his motion for postconviction relief. We affirm in part and reverse in part.

According to the appellant’s allegations, following a jury trial, the appellant was convicted and sentenced to 20 years as a habitual felony offender on the charge of dealing in stolen property. He alleges that prior to trial he refused a plea offer of eight years in prison on that charge. He further alleges that his trial counsel was ineffective in failing to inform him that he faced enhanced sentencing as a habitual felony offender and that the State had an incriminating pawn ticket and the pawn shop owner’s testimony to support the charge should he proceed to trial. He alleges that had he been fully informed of the penalty he faced and the strength of the State’s case, he would have accepted the plea offer and avoided the 20-year habitual felony offender sentence. Because these allegations are unrefuted by the record before us, we reverse the trial court’s summary denial of this claim. See Lewis v. State, 751 So.2d 715 (Fla. 5th DCA 2000). On remand, the trial court is directed to either attach record portions conclusively refuting the appellant’s claim, or else hold an evidentiary hearing. We affirm the trial court’s summary denial in all other respects. AFFIRMED IN PART and REVERSED IN PART.

BARFIELD, C.J., WOLF and POLSTON, JJ., concur.