Azmoe v. State

District Court of Appeal of Florida

Azmoe v. State

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 2001

DocketNo. 3D00-178

StatusPublished

This text of 779 So. 2d 670 (Azmoe v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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779 So. 2d 670, 2001 Fla. App. LEXIS 3495, 2001 WL 273560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/azmoe-v-state-fladistctapp-2001.

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