PHILLIPS v. STATE

No. 4D06-989.

937 So.2d 1176 (2006)

Willie PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 18, 2006.


Attorney(s) appearing for the Case

Willie Phillips, Bowling Green, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The defendant appeals an order summarily denying his rule 3.850 motion for postconviction relief. We reverse and remand for further proceedings.

The defendant alleged that trial counsel was ineffective in failing to raise, as a basis for suppression of his statement, that the Miranda1 rights warning he received failed to advise him of the right to have an attorney present during interrogation. Roberts v. State...

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