COWART v. STATE

No. 3D03-740.

864 So.2d 583 (2004)

Eddie L. COWART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 4, 2004.


Attorney(s) appearing for the Case

Eddie L. Cowart, in proper person.

Charles J. Crist, Jr., Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.


PER CURIAM.

Eddie Lee Cowart appeals an order denying his motion for postconviction relief. We remand for an evidentiary hearing (or attachment of record excerpts refuting his claim) on one issue only. As we interpret the motion, defendant-appellant Cowart contends that his trial counsel affirmatively misadvised him that he did not qualify as a habitual offender. The defendant maintains that based on this misadvice, he rejected a favorable twenty-four-month plea offer...

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