Florida District Courts of Appeal, 2000

Fisher v. State

Fisher v. State
Florida District Courts of Appeal · Decided April 12, 2000 · Green, Jorgenson, Schwartz
755 So. 2d 189; 2000 Fla. App. LEXIS 4269; 2000 WL 368662 (Southern Reporter, Second Series)

Fisher v. State

Opinion of the Court

PER CURIAM.

The appellant appeals the denial of his 3.850 motion without an evidentiary hearing. The appellant argues that he was not given written notice, either at the time of or prior to the entry of his plea, of the state’s intent to seek habitual offender status. The state concedes and we agree that the trial judge erred in not conducting an evidentiary hearing because the record does not conclusively refute the appellant’s claim.

Reversed.

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