BIRCH v. STATE

No. 5D07-1162.

961 So.2d 1112 (2007)

Johnny L. BIRCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 3, 2007.


Attorney(s) appearing for the Case

Johnny L. Birch, Daytona Beach, pro se.

Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant challenges the summary denial of his rule 3.850 motion for post-conviction relief based upon alleged ineffective assistance of counsel. We reverse because the record does not conclusively refute Appellant's allegations.

Appellant alleges that the State offered to allow him to plead guilty to unlawful sale and delivery of cocaine in exchange for an agreed sentence of 18 months in prison. Appellant further alleges that he accepted this...

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