SMITH v. STATE

No. 83-772.

442 So.2d 376 (1983)

Charles Ishmael SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 9, 1983.


RYDER, Judge.

Charles I. Smith appeals the denial, after a nonevidentiary hearing, of his post-conviction motion to vacate an order of probation. We reverse and remand.

The following facts led to Smith's filing his motion pursuant to Florida Rule of Criminal Procedure 3.850: After being found guilty by the trial court of escape, Smith appeared with privately retained counsel before the lower court for sentencing...

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