WILBUR KIRKLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILBUR KIRKLAND, APPELLANT,
STATE OF FLORIDA, APPELLEE
593 So. 2d 1234
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
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 evidentiary hearing on appellant’s motion to withdraw his plea.
REVERSED and REMANDED.
LETTS, DELL and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kirkland v. State, 617 So. 2d 781 (Fla. 4th DCA 1993)…ant at an evidentiary hearing on a motion to withdraw a plea when another assistant public defender with the same office was called as a state witness and gave adverse testimony. We conclude that it did. Following our decision in Kirkland v. State, 593 So. 2d 1234 (Fla. 4th DCA 1992), on remand the trial court appointed the public defender’s office to represent appellant at the mandated evidentiary hearing. Two assistant public defenders represented appellant, who did not challenge the appointment on the grou…
Authorities Cited
- Setzer v. State, 575 So. 2d 747 (Fla. 5th DCA 1991)