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ROMERO v. STATE

No. 3D03-2169.

902 So.2d 168 (2004)

Maximiliano ROMERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied June 10, 2005.

Attorney(s) appearing for the Case

Robbins, Tunkey, Ross, Amsel, Raben, Waxman Eiglarsh, P.A., and Benjamin S. Waxman, Miami, for appellant.

Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE and GERSTEN, JJ. and DELL, Senior Judge.

Rehearing and Rehearing En Banc Denied June 10, 2005.

PER CURIAM.

Maximiliano Romero ("defendant") appeals the denial of his motion to vacate his plea and sentence. We reverse.

We agree with the defendant's contention that the trial court abused its discretion in failing to vacate the plea and sentence. The victim, according to the trial judge's findings,1 credibly recanted her accusation against the defendant and identified...

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