MOLINA v. STATE

No. 2D05-5807.

942 So.2d 1036 (2006)

Jose Antonio MOLINA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 8, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

Jose Antonio Molina appeals the denial of his motion to withdraw his guilty plea. Molina contends that his plea was not voluntary because he misunderstood the conditions of his substantial assistance agreement. Because the record does not conclusively refute Molina's allegations, we reverse the denial of his motion to withdraw his plea and remand for an evidentiary hearing.

Molina pleaded guilty in open court to charges of trafficking in cocaine...

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