Opinion
Case No. 4D03-493.
Opinion filed November 5, 2003.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case No. 98-10422 CFA02.
Katherine Leach, Florida City, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the summary denial of Appellant's motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and remand for the trial court to attach additional portions of the record that conclusively refute the claim or, if that is not possible, for an evidentiary hearing. The state argues that Appellant waived her right to a pre — sentence investigation by entering into a negotiated plea for a specific sentence. However, no portion of the trial court's order denying relief demonstrates such a waiver or that it was, in fact, a negotiated sentence.
STONE, POLEN and GROSS, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.