BARTZ v. STATE

No. 99-1129.

740 So.2d 1243 (1999)

Clifford E. BARTZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 29, 1999.


Attorney(s) appearing for the Case

Clifford E. Bartz, in proper person.

Robert A. Butterworth, Attorney General, and Simone P. Firley, Assistant Attorney General (Fort Lauderdale), for appellee.

Before NESBITT, SHEVIN, and SORONDO, JJ.


NESBITT, J.

In 1977, Clifford E. Bartz pled guilty to armed robbery and was sentenced to three years in prison. In 1998, Bartz, who is currently incarcerated in a federal prison in New York, filed the instant motion to withdraw his 1977 guilty plea, claiming that the plea was not knowing, voluntary, and intelligent.

Until recently, Bartz would not have been authorized to seek postconviction relief through a motion to vacate, set aside or correct his sentence...

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