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STATE v. BREST

No. 81-1085.

421 So.2d 638 (1982)

The STATE of Florida, Appellant, v. Jeffrey B. BREST, a/K/a Roger G. Allen, a/K/a Jay Bonner, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 6, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Theda R. James and Scott Silver, Asst. Attys. Gen., for appellant.

Gelber, Glass & Canal, P.A., and Stephen A. Glass, Miami, for appellee.

Before HENDRY and SCHWARTZ, JJ., and WILLIAM C. OWEN, Jr. (Ret.) Associate Judge.

SCHWARTZ, Judge.

After evidentiary hearing, the trial court granted the appellee's Fla.R.Crim.P. 3.850 motion to vacate the convictions and sentences which followed his guilty and nolo pleas, on the stated ground1 that Brest was "totally confused and afraid"2 when he entered the pleas over a year earlier before another judge.3 The state appeals.

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