Alusma v. State (840 So. 2d 342, 2003)

PER CURIAM.

Based on State v. Leroux, 689 So.2d 235, 236 (Fla.1996), we are compelled to reverse the order denying post-conviction relief as to appellant’s claim that his plea was involuntary because it was based on the misadvice of counsel. We affirm the order insofar as it denies relief based on appellant’s double jeopardy claim. We remand for an evidentiary hearing or the attachment of records that conclusively refute appellant’s claim.

KLEIN, GROSS and MAY, JJ., concur.