BARNEY v. STATE

No. 93-02993.

636 So.2d 873 (1994)

Eric Stearns BARNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 13, 1994.


Attorney(s) appearing for the Case

James A. Wardell of Lazzara, Caskey and Paul, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., and Helene S. Parnes, Asst. Atty. Gen., Tampa, for appellee.


FULMER, Judge.

Eric Stearns Barney appeals the denial of his motion for postconviction relief asserting six grounds for reversal. Barney's allegation that his plea was not voluntarily entered may have merit. We reverse and remand for further proceedings as to this issue only.

Barney claims that he entered his plea based upon trial counsel's erroneous advice that sentencing as a habitual felony offender is mandatory. In light of the recent supreme court ruling...

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