05-1156 STATE V. SEITZ

State: Florida

Court: Florida Third District Court

Docket No: 05-1156 STATE V. SEITZ

Case Date: 06/14/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 2006

THE STATE OF FLORIDA, Appellant, vs. ROBERT SEITZ, Appellee.

** ** ** ** ** CASE NO. 3D05-1156 LOWER TRIBUNAL NO. F01-19972

An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Daryl Trawick, Judge. Charles J. Crist, Jr., Attorney General, and Angel L. Fleming, Assistant Attorney General, for appellant. John H. Lipinski (Pembroke Pines), for appellee.

Before LEVY, GREEN, and SHEPHERD, JJ.

PER CURIAM.

The undisputed testimony of the defendant is that he would not have entered into his plea agreement if it were not for the misadvice he received from his trial counsel. Accordingly, the

motion for relief filed by the defendant, pursuant to Rule 3.850, Florida Rules of Criminal Procedure, should have been granted. The cause is remanded to the trial court for the The

purpose of having the trial court grant said motion. foregoing renders the appeal by the State moot. Reversed and remanded.

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