Florida District Courts of Appeal, 2001

Azmoe v. State

Azmoe v. State
Florida District Courts of Appeal · Decided March 21, 2001 · Levy, Ramirez, Shevin
779 So. 2d 670; 2001 Fla. App. LEXIS 3495; 2001 WL 273560 (Southern Reporter, Second Series)

Azmoe v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying defendant’s motion for post- conviction relief. *671Defendant’s motion raises issues concerning the enforcement of his plea agreement. However, there is no transcript of the plea colloquy; the court reporting firm is unable to locate the reporter’s notes, and she has not responded to attempts to contact her. Therefore, the terms of the plea agreement are not part of the record, and nothing before the trial court conclusively refutes defendant’s allegations. Accordingly, defendant is entitled to an evidentia-ry hearing. See Clements v. State, 346 So.2d 1233 (Fla. 3d DCA 1977).

Reversed and remanded for an eviden-tiary hearing.

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