GUEVARRA v. STATE

No. 3D01-2262.

796 So.2d 647 (2001)

Ruben GUEVARRA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 24, 2001.


Attorney(s) appearing for the Case

Ruben Guevarra, in proper person.

Robert A. Butterworth, Attorney General, and John Barker, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and FLETCHER and SORONDO, JJ.


CONFESSION OF ERROR

PER CURIAM.

We reverse the summary denial of defendant's motion for post-conviction relief upon the state's confession that defendant's plea, although voluntary, was not intelligently entered because he did not receive an explanation of the possibility and consequences of being sentenced as a habitual offender before accepting the plea. Furthermore, the state concedes that the defendant does not qualify as a habitual offender....

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