Florida District Courts of Appeal, 2009

Matos v. State

Matos v. State
Florida District Courts of Appeal · Decided July 8, 2009 · Glenn, Gross, Kelley, Stevenson
13 So. 3d 543; 2009 Fla. App. LEXIS 9112; 2009 WL 1940497 (Southern Reporter, Third Series)

Matos v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order summarily denying appellant’s motion for post-conviction relief. On remand, the trial court shall conduct an evidentiary hearing or attach documents to its order conclusively refuting the appellant’s motion.

STEVENSON, J., and KELLEY, GLENN, Associate Judge, concur. GROSS, C.J., concurs in part and dissents in part with opinion.

Concurring in Part

GROSS, C.J.,

concurring in part and dissenting in part.

Reversal should be only on the issue that defense counsel’s failure to prepare or investigate the fingerprint evidence rendered the plea involuntary.

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