GARCIA v. STATE

No. 77-1802.

358 So.2d 561 (1978)

Joseph Reynolds GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 1, 1978.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Joseph Garcia appeals the summary denial of his motion to vacate his sentence, filed pursuant to Fla.R.Crim.P. 3.850, wherein he alleged that his present sentence was predicated in part on a prior conviction in a case in which he was without counsel. Since appellant's allegations, if true, would entitle him to relief and since his allegations are not refuted by the record, we must reverse.

In 1974 appellant was charged with robbery, tried by a...

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