District Court of Appeal of Florida July 31, 2002, No. 3D01-2944 (Smith v. State)

PER CURIAM.

Robert Smith appeals from the summary denial of his motion for post conviction relief. The State concedes that the trial court should have conducted an evi-dentiary hearing with regard to appellant’s allegations ' of ineffective assistance of counsel, based on defense counsel’s failure to inform appellant that his charge of second-degree murder had been increased to first-degree