Kirkland v. State, 593 So. 2d 1234

PER CURIAM.

At the sentencing hearing, appellant moved to withdraw his plea based on his assertion that he did not understand the consequences of a habitual offender sentence. The state concedes that the trial court erred when it failed to conduct an evidentiary hearing on appellant’s motion. See Setzer v. State, 575 So.2d 747 (Fla. 5th DCA 1991).

Accordingly, we reverse appellant’s sentence and remand this case to the trial court with directions to conduct an eviden-tiary hearing on appellant’s motion to withdraw his plea.

REVERSED and REMANDED.

LETTS, DELL and FARMER, JJ., concur.

Case Details

Case Name: Kirkland v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 4, 1992

Citations: 593 So. 2d 1234; 1992 WL 38173; 1992 Fla. App. LEXIS 2368; No. 91-0544

Docket Number: No. 91-0544

Court Abbreviation: Fla. Dist. Ct. App.