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GRIFFIN v. STATE

No. 94-2252.

644 So.2d 351 (1994)

James Edward GRIFFIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 9, 1994.

Attorney(s) appearing for the Case

James Edward Griffin, in pro. per.

Robert A. Butterworth, Atty. Gen., and Keith S. Kromash, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and GREEN, JJ.

PER CURIAM.

Neither the plea colloquy nor any other portion of the record refutes the appellant's claim that his nolo plea to two counts of battery on a law enforcement officer was induced by his counsel's erroneous advice that he "would be eligible for controlled release credits" on the agreed sentence. Griffin was therefore entitled to an evidentiary hearing on his 3.850 motion to set the plea aside. See Ortiz v. State, 622 So.2d 131

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