PELOQUIN v. STATE

No. 4D02-2043.

858 So.2d 1213 (2003)

Paul Raymond PELOQUIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Nan Ellen Foley, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

This is an appeal from the trial court's summary denial of appellant's Rule 3.170(l) motion to withdraw a number of nolo contendere pleas. We reverse and remand for an evidentiary hearing.

Appellant asserts that his plea was rendered involuntary by counsel's affirmative representation that his motion for downward departure would be granted and that he would be sentenced to "treatment" and a "suspended" prison term. After the entry of his...

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