Kirkland v. State
593 So. 2d 1234, 1992 Fla. App. LEXIS 2368, 1992 WL 38173
District Court of Appeal of Florida·Decided March 4, 1992·No. No. 91-0544·Published·Cited by 1 cases
Opinion
At the sentencing hearing, appellant moved to withdraw his plea based on his assertion that he did not understand the consequences of a habitual offender sentence. The state concedes that the trial court erred when it failed to conduct an evidentiary hearing on appellant’s motion. See Setzer v. State, 575 So.2d 747 (Fla. 5th DCA 1991).
Accordingly, we reverse appellant’s sentence and remand this case to the trial court with directions to conduct an eviden-tiary hearing on appellant’s motion to withdraw his plea.
REVERSED and REMANDED.
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Kirkland v. State, 593 So. 2d 1234, 1992 Fla. App. LEXIS 2368, 1992 WL 38173 (Fla. Ct. App. 1992).
593 So. 2d 1234 (Kirkland v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Kirkland v. State
617 So. 2d 781 (District Court of Appeal of Florida, 1993)