FELIPE v. STATE

No. 4D05-1520.

910 So.2d 433 (2005)

Armando FELIPE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 21, 2005.


Attorney(s) appearing for the Case

Armando Felipe, Jasper, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The defendant appeals an order denying his motion to withdraw his plea of nolo contendere. He raises three issues. We reverse on the single issue of whether the victim was eleven or twelve at the time of the crime, which affects the degree of felony to which the defendant pled. We remand the case to the trial court to attach records to establish a factual basis for the plea or to conduct an evidentiary hearing concerning the victim's age.

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