MACK v. STATE

No. 3D01-2780.

829 So.2d 346 (2002)

Calvin Lamont MACK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 30, 2002.


Attorney(s) appearing for the Case

Calvin Lamont Mack, in proper person.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before COPE, FLETCHER, and SHEVIN, JJ.


PER CURIAM.

The State of Florida concedes that the record does not conclusively refute Calvin Lamont Mack's claim that his trial counsel failed to inform him of a plea offer. After reviewing the record we agree, reverse the lower court's order denying post-conviction relief and remand for an evidentiary hearing on the issue of whether or not a plea was offered and, if so, whether counsel was ineffective for failing to communicate the offer to the defendant Mack.<...

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