ROSADO v. STATE

No. 4D09-959.

22 So.3d 772 (2009)

Elias ROSADO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 18, 2009.


Attorney(s) appearing for the Case

Elias Rosado, Clermont, pro se.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The defendant appeals an order summarily denying his motion for post conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse in part.

The defendant was sentenced pursuant to a written negotiated plea agreement that did not mention habitual sentencing or restitution. In the rule 3.850 motion, he sought to withdraw his plea for a number of reasons. In the order to show cause, this court asked the state to address...

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