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RODRIGUEZ v. STATE

No. 93-2728.

645 So.2d 1124 (1994)

Rogelio RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 14, 1994.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Fleur J. Lobree, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

PER CURIAM.

Rogelio Rodriguez appeals an order summarily denying a Rule 3.850 motion and an order revoking probation. We reverse the order summarily denying Rodriguez post-conviction relief and remand for further proceedings. Rodriguez contends that he was not aware of the maximum penalty upon entry of his plea. Fla.R.Crim.P. 3.172(c)(1). The trial court concluded that Rodriguez "knew he was looking at substantial prison time upon a violation, a sentence in excess...

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