CLEMMONS v. STATE

No. 1D05-3965.

919 So.2d 657 (2006)

Jack G. CLEMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 26, 2006.


Attorney(s) appearing for the Case

Bernard F. Daley, Jr., Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges the trial court's order summarily denying his motion alleging ineffective assistance of counsel filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant has stated a facially sufficient claim that his counsel was ineffective in affirmatively misadvising him as to his ability to transfer his probation, we reverse.

The appellant alleges he reasonably relied on counsel's affirmative misadvice that...

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