JOSEPH FERREIRA vs STATE OF FLORIDA

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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 JOSEPH FERREIRA, Appellant, v. Case No. 5D21-306 LT Case Nos. 2020-AP-000015 2020-CT-001056 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 3, 2021 Appeal from the County Court for Osceola County, Hal C. Epperson, Jr., Judge. Robert Wesley, Public Defender, and Mary Ibrahim, Assistant Public Defender, Kissimmee, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee. WALLIS, J. Appellant appeals the judgment and sentence entered after the trial court denied his motion to withdraw his plea before sentencing. We agree with Appellant that the record does not conclusively refute his claim that he did not understand that entering the plea would result in the revocation of his driver's license. Therefore, we reverse and remand for the trial court to conduct an evidentiary hearing on Appellant's claim. See Rivera v. State, 136 So. 3d 609, 611–12 (Fla. 2d DCA 2013) (reversing summary denial of motion to withdraw plea before sentencing and remanding for an evidentiary hearing where the record did not conclusively refute appellant's claim that she involuntarily entered the plea based on misapprehension). REVERSED and REMANDED with Instructions. EDWARDS and WOZNIAK, JJ., concur. 2

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