PER CURIAM.
We reverse an order summarily denying post-conviction relief and remand for an evidentiary hearing. Appellant asserts that he was advised by counsel that the trial court could depart downward from a guideline sentence on the basis of "mercy," patently not a valid basis for departure.
We note that the record reflects that the court considered all mitigating factors raised in the PSI and at sentencing (in accordance with the plea agreement that a...
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