FOX v. STATE

No. 4D04-4803.

895 So.2d 1285 (2005)

Jared S. FOX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 23, 2005.


Attorney(s) appearing for the Case

Jared S. Fox, Okeechobee, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We find appellant's claim of ineffective assistance of counsel to be legally sufficient for a motion for post-conviction relief. We therefore reverse the denial of relief and remand this case to the trial court for an evidentiary hearing on whether counsel failed to inform appellant of the results of drug testing when they became available so that appellant could reevaluate whether to accept the State's plea offer. On remand, appellant must establish that...

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