(Download) "Sepulveda v. State" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Sepulveda v. State
- Author : Supreme Court of Illinois
- Release Date : January 02, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Ruben Sepulveda appeals the summary denial of his motion under Florida Rule of Criminal Procedure 3.850. In his motion, Sepulveda alleged that he was illegally sentenced to a prison term as a result of ineffective assistance of counsel after pleading guilty to a violation of probation on a 1993 manslaughter/DUI conviction and prison sentence, from which he was released from prison to probation on February 24, 1999. Sepulveda contends that his term of probation had expired before the probation violation proceeding began and that the trial court lacked jurisdiction over the violation proceeding. Sepulveda also alleged in his post-conviction motion that his trial counsel provided ineffective assistance by affirmatively misadvising Sepulveda about the amount of time that he would be required to serve on his sentence. Sepulveda claims that his trial counsel failed to notify him that upon recommitment after the revocation of his probation, which was part of a split sentence, his gain time was subject to forfeiture. We reverse and remand for further proceedings.