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PIERRE v. STATE

No. 3D05-2671.

923 So.2d 1193 (2006)

Regis Camillo PIERRE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 15, 2006.

Attorney(s) appearing for the Case

Regis Camillo Pierre, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, FLETCHER, and SUAREZ, JJ.

PER CURIAM.

Regis Camillo Pierre appeals from an order denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing.

Under State v. Leroux, 689 So.2d 235 (Fla.1996), affirmative misadvice regarding the amount of time to be served on an agreed sentence can be a basis for postconviction relief. See also Fisher v. State,

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