Florida District Courts of Appeal, 2002

Mack v. State

Mack v. State
Florida District Courts of Appeal · Decided October 30, 2002 · Cope, Fletcher, Shevin
829 So. 2d 346; 2002 Fla. App. LEXIS 15681; 2002 WL 31426269 (Southern Reporter, Second Series)

Mack v. State

Opinion of the Court

PER CURIAM.

The State of Florida concedes that the record does not conclusively refute Calvin Lamont Mack’s claim that his trial counsel failed to inform him of a plea offer. After reviewing the record we agree, reverse the lower court’s order denying post-conviction relief and remand for an evidentiary hearing on the issue of whether or not a plea was offered and, if so, whether counsel was ineffective for failing to communicate the offer to the defendant Mack.

Reversed and remanded.

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