Dawudi v. State

District Court of Appeal of Florida

Dawudi v. State

958 So. 2d 576, 2007 Fla. App. LEXIS 9537, 2007 WL 1757372

Procedural entryThis page is a short order in Dawudi v. State. Read the opinion of the Court — 2006 Fla. App. LEXIS 8935 →

District Court of Appeal of Florida·Decided June 20, 2007·No. No. 4D07-199·Published

Opinion

PER CURIAM.

Appellant, Abedelkader Dawudi, appeals the trial court’s order denying his motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. One of the claims raised, claim four, is that his plea was involuntary because his attorney gave affirmative misadvice. We find that the record before us does not refute Dawudi’s claim that he was affirmatively misadvised as to this issue. Accordingly, we remand for the trial court to conduct an evidentia-ry hearing on this claim only. We affirm as to Dawudi’s remaining claims.

Affirmed In Part, Reversed In Part, And Remanded.

GUNTHER, FARMER and MAY, JJ„ concur.

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PER CURIAM.

Appellant, Abedelkader Dawudi, appeals the trial court’s order denying his motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. One of the claims raised, claim four, is that his plea was involuntary because his attorney gave affirmative misadvice. We find that the record before us does not refute Dawudi’s claim that he was affirmatively misadvised as to this issue. Accordingly, we remand for the trial court to conduct an evidentia-ry hearing on this claim only. We affirm as to Dawudi’s remaining claims.

Affirmed In Part, Reversed In Part, And Remanded.

GUNTHER, FARMER and MAY, JJ„ concur.

Dawudi v. State, 958 So. 2d 576, 2007 Fla. App. LEXIS 9537, 2007 WL 1757372 (Fla. Ct. App. 2007).

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