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SMITH v. STATE

No. 4D05-4347.

929 So.2d 1189 (2006)

Anthony SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 7, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, and Anthony Smith, Arcadia, for appellant.

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

PER CURIAM.

We redesignate the appeal as one from the denial of a rule 3.850 motion and affirm in part and reverse in part the order appealed.

To the extent the trial court summarily denied the second ground of defendant's rule 3.850 motion, we reverse and remand for the trial court to either hold a hearing or attach portions of the record conclusively refuting defendant's claim that his negotiated plea was involuntary...

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