SMITH v. STATE

No. 3D01-2944.

824 So.2d 952 (2002)

Robert L. SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 30, 2002.


Attorney(s) appearing for the Case

Robert L. Smith, in proper person.

Robert A. Butterworth, Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and SORONDO, JJ.


PER CURIAM.

Robert Smith appeals from the summary denial of his motion for post conviction relief. The State concedes that the trial court should have conducted an evidentiary hearing with regard to appellant's allegations of ineffective assistance of counsel, based on defense counsel's failure to inform appellant that his charge of second-degree murder had been increased to first-degree murder. Appellant alleges that he would have accepted the state's plea offer...

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