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STATE v. PAWLE

No. 2D04-1156.

884 So.2d 1137 (2004)

STATE of Florida, Appellant, v. Anthony PAWLE, Appellee.

District Court of Appeal of Florida, Second District.

October 22, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellee.

SALCINES, Judge.

The State appeals from an order granting Anthony Pawle's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In that order, the postconviction court granted Pawle the opportunity to withdraw his plea based upon a finding that the plea was involuntary due to the misadvice of counsel. We reverse and remand.

Pawle's motion for postconviction relief asserted that trial counsel affirmatively misadvised him...

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