STATE v. BURTON

No. 1D10-2969.

63 So.3d 854 (2011)

STATE of Florida, Appellant, v. Fitzroy BURTON, Appellee.

District Court of Appeal of Florida, First District.

June 8, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jennifer J. Moore , Assistant Attorney General, Tallahassee; Donna G. Thurson , Assistant State Attorney, Jacksonville, for Appellant.

James P. Hill , Jacksonville, for Appellee.


PER CURIAM.

The State appeals the trial court's summary grant of Fitzroy Burton's Motion to Set Aside Conviction and Withdraw Plea pursuant to Florida Rule of Criminal Procedure 3.850. We conclude that the trial court erred in summarily granting Burton's motion, and therefore, reverse and remand for further proceedings.

In his post-conviction motion, Burton asserted that his plea was not knowing and voluntary because...

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