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STATE v. SEITZ

No. 3D05-1156.

935 So.2d 541 (2006)

The STATE of Florida, Appellant, v. Robert SEITZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied September 5, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Angel L. Fleming, Assistant Attorney General, for appellant.

John H. Lipinski (Pembroke Pines), for appellee.

Before LEVY, GREEN, and SHEPHERD, JJ.

Rehearing and Rehearing En Banc Denied September 5, 2006.

PER CURIAM.

The undisputed testimony of the defendant is that he would not have entered into his plea agreement if it were not for the misadvice he received from his trial counsel. Accordingly, the motion for relief filed by the defendant, pursuant to Rule 3.850, Florida Rules of Criminal Procedure, should have been granted. The cause is remanded to the trial court for the purpose of having the trial...

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