DIAZ v. STATE

No. 4D12-1616.

125 So.3d 218 (2013)

Guillermo DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 2013.


Attorney(s) appearing for the Case

Guillermo Diaz, Okeechobee, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We reverse the trial court's order that summarily denied appellant's motion for postconviction relief and remand for an evidentiary hearing. The trial court denied the motion by adopting and attaching the State's response. As the State concedes on appeal, the State's response below acknowledged that an evidentiary hearing was required to resolve Ground (1) where appellant alleged that counsel had failed to convey a plea offer. We remand for an evidentiary...

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