ABEL PADRON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-09-13
No. 3D00-363
Before JORGENSON, COPE, and RAMIREZ, JJ.
767 So. 2d 607 Florida District Court of Appeal, Third District (2000)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant appeals from an order summarily denying his motion for postconviction relief brought pursuant to Fla. R.Crim. P. 3.850. We reverse. See State v. Mancino, 705 So. 2d 1379 (Fla.1998) (holding in part that despite his plea agreement, defendant’s postconviction allegation that he never actually possessed the firearm during the crime required a factual determination in an evidentiary hearing); Flores v. State, 745 So. 2d 977 (Fla. 3d DCA 1999).

Reversed and remanded for an evidentiary hearing.


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