ABBATE v. STATE

No. 4D09-3078.

82 So.3d 886 (2011)

Ignazio ABBATE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 22, 2011.


Attorney(s) appearing for the Case

Jason T. Forman of Law Offices of Jason T. Forman, P.A., Fort Lauderdale, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

The defendant appeals the circuit court's denial of his motion to withdraw plea. The defendant argues that the court should have granted the motion based upon prior counsel's misadvice that convictions for second-degree arson and arson resulting in injury to another did not violate the double jeopardy clause.1 We agree with the defendant and reverse.

The state alleged that the defendant hired two men to set fire to his...

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