BOBBY GENE SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1988-06-22
No. 87-1305
SMITH, C.J., and «TOANOS and ZEHMER, JJ., concur.
526 So. 2d 1068 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Bobby Gene Sullivan appealed from the trial court’s denial of his 3.850 motion for post conviction relief. He alleges that the trial court did not elicit a factual basis for appellant’s plea, and that two conditions, a five year probation period and treatment as a mentally disordered sex offender, were fraudulently added onto his negotiated plea document after he signed the agreement. The record before this court does not contain any sentencing or plea colloquy transcripts or other items to enable a sufficient review of these specific allegations and therefore we must reverse. On remand the trial court is directed to attach those portions of the record which conclusively show that appellant is entitled to no relief, or if such showing cannot be determined from the face of the record, conduct an evidentiary hearing. The court should specifically address the above issues raised by appellant in his motion for post conviction relief.

REVERSED AND REMANDED.

SMITH, C.J., and «TOANOS and ZEHMER, JJ., concur.


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