Florida District Courts of Appeal, 2007

Dawudi v. State

Dawudi v. State
Florida District Courts of Appeal · Decided June 20, 2007 · Farmer, Gunther
958 So. 2d 576; 2007 Fla. App. LEXIS 9537; 2007 WL 1757372 (Southern Reporter, Second Series)

Dawudi v. State

Opinion of the Court

PER CURIAM.

Appellant, Abedelkader Dawudi, appeals the trial court’s order denying his motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. One of the claims raised, claim four, is that his plea was involuntary because his attorney gave affirmative misadvice. We find that the record before us does not refute Dawudi’s claim that he was affirmatively misadvised as to this issue. Accordingly, we remand for the trial court to conduct an evidentia-ry hearing on this claim only. We affirm as to Dawudi’s remaining claims.

Affirmed In Part, Reversed In Part, And Remanded.

GUNTHER, FARMER and MAY, JJ„ concur.

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