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POLITE v. STATE

No. 3D06-1944.

990 So.2d 1242 (2008)

Justine POLITE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 24, 2008.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Before COPE, GREEN, and RAMIREZ, JJ.

ON MOTION FOR REHEARING

RAMIREZ, J.

Upon consideration of appellee State of Florida's motion for rehearing, this Court withdraws its previous opinion filed May 28, 2008, and substitutes the following opinion in its place.

Justine Polite seeks reversal of his plea and sentence. We reverse on the basis that he was affirmatively misadvised by his attorney and therefore was denied effective assistance of counsel.

Polite entered a plea of no contest...

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