Court Of Appeal Reverses Denial Of Defendant S Motion For Post Conviction Relief
In the case of Turner v. State, the district court reversed the trial court's denial of the defendant's 3.850 motion.
The district court reversed the trial court's order summarily denying defendant's motion for postconviction relief after the defendant's convictions on 3 counts: DUI manslaughter (impairment), DUI manslaughter (unlawful blood alcohol level), and vehicular homicide. Defendant entered a plea subsequent to being inaccurately advised he might face up to 45 years of incarceration (15 years for each count running consecutively) instead of the maximum of fifteen years. The erroneous information constituted an involuntary plea.
The standard for withdrawing a plea is whether or not the plea was knowingly and voluntarily entered into. Misadvice of counsel regarding the consequences of the plea can render a plea involuntary. The proper plan of action is usually to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.
This case summary is provided to you by Florida DUI Attorneys Michael Dye and Daniel Rosenberg. For more information, visit the firm websites by clicking the following links: Michael Dye: florida dui attorney Daniel Rosenberg: dui attorney
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