RAPPAPORT v. STATE

No. 4D08-1972.

24 So.3d 1211 (2009)

Herbert RAPPAPORT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 23, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


CIKLIN, J.

Herbert Rappaport appeals the trial court's summary denial of his motion to withdraw his plea of guilty before sentencing. We conclude that it was error to deny the motion without an evidentiary hearing, as the record does not conclusively refute two of his claims.

Rappaport was charged by information with trafficking in hydrococone, two counts of trafficking in oxycodone, conspiracy to traffic in oxycodone, trafficking in oxycodone, possession...

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