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KIRKLAND v. STATE

No. 91-0544.

593 So.2d 1234 (1992)

Wilbur KIRKLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 4, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.

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...

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