Opinion
Case No. 3D02-790.
Opinion filed March 5, 2003.
An Appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge. Lower Tribunal Nos. 99-401, 98-30180.
Bennett Brummer, Public Defender, and Carlos Gonzalez, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.
Before JORGENSON, GERSTEN, and RAMIREZ, JJ.
CONFESSION OF ERROR
Based on appellee State of Florida's confession of error filed in this cause, the trial court's summary denial of Perez's post-conviction claim that his counsel was ineffective for failure to advise the court of Perez's use of prescription medications is reversed and the cause is remanded for an evidentiary hearing on this issue.
Reversed and remanded.