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State v. Seitz

District Court of Appeal of Florida, Third District
Sep 5, 2006
935 So. 2d 541 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D05-1156.

June 14, 2006. Rehearing and Rehearing En Banc Denied September 5, 2006.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Daryl Trawick, Judge.

Charles J. Crist, Jr., Attorney General, and Angel L. Fleming, Assistant Attorney General, for appellant.

John H. Lipinski (Pembroke Pines), for appellee.

Before LEVY, GREEN, and SHEPHERD, JJ.


The undisputed testimony of the defendant is that he would not have entered into his plea agreement if it were not for the misadvice he received from his trial counsel. Accordingly, the motion for relief filed by the defendant, pursuant to Rule 3.850, Florida Rules of Criminal Procedure, should have been granted. The cause is remanded to the trial court for the purpose of having the trial court grant said motion. The foregoing renders the appeal by the State moot.

Reversed and remanded.


Summaries of

State v. Seitz

District Court of Appeal of Florida, Third District
Sep 5, 2006
935 So. 2d 541 (Fla. Dist. Ct. App. 2006)
Case details for

State v. Seitz

Case Details

Full title:The STATE of Florida, Appellant, v. Robert SEITZ, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 5, 2006

Citations

935 So. 2d 541 (Fla. Dist. Ct. App. 2006)