John M. Ethridge v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOHN MORGAN ETHRIDGE, Appellant, v. Case No. 5D15-580 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 14, 2015 3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Rachael E. Bushey, of O'Brien Hatfield, P.A., Tampa, for Appellant. John Morgan Ethridge, Bristol, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. WALLIS, J. Appellant appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 alleging two claims for relief. We affirm the trial court's denial of claim two without further discussion. Regarding claim one, the State properly concedes that the order on appeal does not conclusively refute Appellant's assertion that he was never informed by his attorney or the court that his plea may subject him to involuntary civil commitment as a sexually violent predator. We agree, reverse the summary denial, and remand for the trial court to attach portions of the record refuting that claim or for an evidentiary hearing. See Warren v. State, 149 So. 3d 738, 738 (Fla. 5th DCA 2014) (citing Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000)). AFFIRMED in PART; REVERSED in PART; REMANDED with INSTRUCTIONS. EVANDER and BERGER, JJ., concur. 2

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