District Court of Appeal of Florida March 30, 2011, No. 4D09-5202 (Kitt v. State)

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United States · · · 30-03-2011

PER CURIAM.

We reverse the trial court’s order denying postconviction relief as to ground one of appellant’s motion, in that in its trial response the state conceded a need for an evidentiary hearing for the proper resolution of appellant’s claim that his attorney never advised him of a plea offer. As to the remaining grounds, we affirm.

Reversed and remanded for an eviden-tiary hearing.

GROSS, C.

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