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Goldstein v. State

District Court of Appeal of Florida, Fourth District
Jul 11, 1984
453 So. 2d 69 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2357.

May 2, 1984. Rehearing Denied July 11, 1984.

Appeal from the Circuit Court, Broward County, M. Daniel Futch, Jr., J.

Gary E. Chase and Harvey H. Harling of Boca Raton Community Legal Services, Boca Raton, for appellant.

No appearance required for appellee.


We reverse the trial court's denial of appellant's motion for post-conviction relief and remand for an evidentiary hearing on appellant's allegations of ineffective assistance of counsel by reason of his counsel's alleged improper conduct in securing appellant's agreement to plead guilty. See Ramsey v. State, 408 So.2d 675 (Fla. 4th DCA 1981). We also believe that the requirements of Florida Rule of Criminal Procedure 3.850 requiring that the motion be sworn were satisfied by counsel's sworn attestation to the motion.

ANSTEAD, C.J., and LETTS and DOWNEY, JJ., concur.


Summaries of

Goldstein v. State

District Court of Appeal of Florida, Fourth District
Jul 11, 1984
453 So. 2d 69 (Fla. Dist. Ct. App. 1984)
Case details for

Goldstein v. State

Case Details

Full title:JIMMY GOLDSTEIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 11, 1984

Citations

453 So. 2d 69 (Fla. Dist. Ct. App. 1984)

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(emphasis supplied). See also Goldstein v. State, 453 So.2d 69 (Fla. 4th DCA 1984). Therefore, the trial…