Azmoe v. State

District Court of Appeal of Florida

Azmoe v. State

779 So. 2d 670, 2001 Fla. App. LEXIS 3495, 2001 WL 273560

District Court of Appeal of Florida·Decided March 21, 2001·No. No. 3D00-178·Published

Opinion

PER CURIAM.

We reverse the order denying defendant’s motion for post- conviction relief. [671]*671Defendant’s motion raises issues concerning the enforcement of his plea agreement. However, there is no transcript of the plea colloquy; the court reporting firm is unable to locate the reporter’s notes, and she has not responded to attempts to contact her. Therefore, the terms of the plea agreement are not part of the record, and nothing before the trial court conclusively refutes defendant’s allegations. Accordingly, defendant is entitled to an evidentia-ry hearing. See Clements v. State, 346 So.2d 1233 (Fla. 3d DCA 1977).

Reversed and remanded for an eviden-tiary hearing.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We reverse the order denying defendant’s motion for post- conviction relief. [671]*671Defendant’s motion raises issues concerning the enforcement of his plea agreement. However, there is no transcript of the plea colloquy; the court reporting firm is unable to locate the reporter’s notes, and she has not responded to attempts to contact her. Therefore, the terms of the plea agreement are not part of the record, and nothing before the trial court conclusively refutes defendant’s allegations. Accordingly, defendant is entitled to an evidentia-ry hearing. See Clements v. State, 346 So.2d 1233 (Fla. 3d DCA 1977).

Reversed and remanded for an eviden-tiary hearing.

Azmoe v. State, 779 So. 2d 670, 2001 Fla. App. LEXIS 3495, 2001 WL 273560 (Fla. Ct. App. 2001).

Pincite

779 So. 2d 670 (Azmoe v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related