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MARTIN v. STATE

No. 3D03-979.

861 So.2d 526 (2003)

Martin MARTIN a/k/a Martin Alejandro Martin, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 2003.

Attorney(s) appearing for the Case

Philip L. Reizenstein, Miami, for appellant.

Charles J. Crist, Jr., Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.

Before COPE, GODERICH, and FLETCHER, JJ.

PER CURIAM.

Affirmed.

COPE, J. (concurring in part, dissenting in part).

Defendant-appellant Martin is entitled to an evidentiary hearing on his claim that, but for the affirmative misadvice of trial counsel regarding expungement, he would not have entered into the plea agreement. See Rodriguez v. State, 824 So.2d 328 (Fla. 3d DCA 2002). At such a hearing it would, of course, be the burden of the defendant...

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