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SEABORNE v. STATE

No. 1D01-1318.

789 So.2d 1244 (2001)

Robert E. SEABORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 1, 2001.

Attorney(s) appearing for the Case

C. Dennis Roberts, Public Defender, Third Judicial Circuit and Lee I. Peters, Jr., Assistant Public Defender, Live Oak; Nancy Daniels, Public Defender, Second Judicial Circuit, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for appellee.

PER CURIAM.

In postconviction proceedings, the state stipulated and the trial court found that Robert E. Seaborne's plea was involuntary in light of his counsel's error in failing to reserve a dispositive suppression issue for appeal. However, rather than allowing Seaborne to withdraw his plea and plead anew, the decretal portion of the trial court's order disposing of the motion for postconviction relief purports to grant Seaborne a belated appeal, thus giving rise...

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