Opinion
No. 3D00-3028
Opinion filed January 23, 2002.
An Appeal from the Circuit Court for Miami-Dade County, Ellen L. Leesfield, Judge. Lower Tribunal No. 97-31148.
Bennett H. Brummer, Public Defender, and Charles G. White, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.
Before GREEN, SHEVIN and RAMIREZ, JJ.
We reverse the order denying defendant's post-conviction relief motion and remand for an evidentiary hearing on defendant's involuntary plea claim because "we do not agree that the motion, files and records conclusively show that [defendant] is not entitled to any relief." Jones v. State, 478 So.2d 346, 347 (Fla. 1985); Fla.R.Crim.P. 3.850. This opinion expresses no view on how the merits of this matter should be decided by the trial court.
Reversed and remanded for evidentiary hearing.