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SIEBERT v. STATE

No. 98-2347.

730 So.2d 852 (1999)

William Earl SIEBERT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 28, 1999.

Attorney(s) appearing for the Case

William Earl Siebert, in proper person.

Robert A. Butterworth, Attorney General, and Sylvie Perez-Posner, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

PER CURIAM.

We reverse the order summarily denying defendant's motion for post-conviction relief. As the supreme court stated in State v. Leroux, 689 So.2d 235, 237 (Fla.1996), upon review of the record in this case

it cannot be said that [defendant's] allegations of the misadvise of counsel are `conclusively' rebutted by the plea colloquy. While the plea colloquy may appear to be some evidence contrary to defendant...

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