Kitt v. State

District Court of Appeal of Florida

Kitt v. State

57 So. 3d 295, 2011 Fla. App. LEXIS 4359, 2011 WL 1135463

District Court of Appeal of Florida·Decided March 30, 2011·No. No. 4D09-5202·Published

Opinion

PER CURIAM.

We reverse the trial court’s order denying postconviction relief as to ground one of appellant’s motion, in that in its trial response the state conceded a need for an evidentiary hearing for the proper resolution of appellant’s claim that his attorney never advised him of a plea offer. As to the remaining grounds, we affirm.

Reversed and remanded for an eviden-tiary hearing.

GROSS, C.J., WARNER and DAMOORGIAN, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order denying postconviction relief as to ground one of appellant’s motion, in that in its trial response the state conceded a need for an evidentiary hearing for the proper resolution of appellant’s claim that his attorney never advised him of a plea offer. As to the remaining grounds, we affirm.

Reversed and remanded for an eviden-tiary hearing.

GROSS, C.J., WARNER and DAMOORGIAN, JJ., concur.

Kitt v. State, 57 So. 3d 295, 2011 Fla. App. LEXIS 4359, 2011 WL 1135463 (Fla. Ct. App. 2011).

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