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HULETT v. STATE

No. 4D01-2169.

830 So.2d 243 (2002)

Steven HULETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 13, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Meredith L. Balo, Assistant Attorney General, Fort Lauderdale, for appellee.

POLEN, C.J.

We hold the trial court erred in denying Hulett's pro se post-conviction motion to withdraw his plea without holding an evidentiary hearing. The record reflects Hulett's motion was filed purportedly pursuant to Florida Rule of Criminal Procedure 3.170(f). Hulett, acting pro se, failed to realize rule 3.170(f) only applies to motions filed before sentencing. In adopting the arguments advanced by the state...

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