TOOLEY v. STATE

No. 98-3346.

727 So.2d 1011 (1999)

Brian TOOLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 12, 1999.


Attorney(s) appearing for the Case

James T. Miller, Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Brian Tooley appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

In his motion, Mr. Tooley alleged that he had entered a no contest plea based on defense counsel's erroneous advice that, although he had committed his offenses in 1993, he could elect to be sentenced under the more lenient 1994 sentencing guidelines, and that if he was denied the right to elect...

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