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In the matter of Turner vs. State, the 4th District Court of Appeal reversed the trial court's denial of defendant's 3.850 motion. The 4th District Court of Appeal reversed the trial court's order denying the defendant's motion for postconviction relief following defendant's convictions on 3 counts: DUI manslaughter (impairment), DUI manslaughter (unlawful blood alcohol level), and vehicular homicide. Defendant entered a plea after being mistakenly advised that he might recieve a sentence up to forty five years of incarceration (15 years for each count running consecutively) instead of the maximum of fifteen years. The erroneous advice constituted an involuntary plea.  The standard for withdrawing a plea is whether or not the plea was knowingly and voluntarily entered into. Misadvice of counsel concerning the consequences of the plea can render a plea involuntary. The proper plan of action is to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. This case summary is provided to you by Florida DUI Attorneys Michael Dye and Daniel Rosenberg. For more information, visit the firm websites by clicking the following links: Michael Dye: dui attorney Daniel Rosenberg: florida dui
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