CEPHUS WADE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHARP, Judge.
Appellant, Wade, appeals the trial court’s denial of his motion made pursuant to Florida Rule of Criminal Procedure 3.850. Wade alleged that because of ineffective assistance of counsel and other misunderstandings on his part his guilty plea was involuntarily entered. This case is remanded to the trial court to do one of the following pursuant to Rule 3.850; within sixty (60) days of this order:
(1) Attach a copy of the portions of the files and records which conclusively show the prisoner is entitled to no relief;
(2) Grant a prompt hearing on the issue of the competency of counsel and involuntariness of the plea after notice to the prosecuting attorney and after appointment of counsel for the prisoner. REMANDED.
ORFINGER, J., concurs.
COWART, J., dissents.
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McMILLIAN v. State, 411 So. 2d 1372 (Fla. 5th DCA 1982)…the trial court must hold a hearing to take evidence and decide the issue. Meeks v. State, 382 So. 2d 673 (Fla.1980); Brown v. State, 409 So. 2d 129 (Fla. 5th DCA Jan. 27, 1982); Van Bever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981); Wade v. State, 402 So. 2d 534 (Fla. 5th DCA 1981); Benton v. State, 401 So. 2d 1114 (Fla. 5th DCA 1981); Stephens v. State, 399 So. 2d 1106 (Fla. 5th DCA 1981); Gunn v. State, 378 So. 2d 105 (Fla. 5th DCA 1980); Payne v. State, 362 So. 2d 688 (Fla. 2d DCA 1978). REVERSED AND RE…
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Brown v. State, 409 So. 2d 129 (Fla. 5th DCA 1982)…conduct an evidentia-ry hearing to determine whether Brown’s motion to suppress was meritorious and whether his counsel ever contacted him regarding his defense prior to trial.4 Van Bever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981); Wade v. State, 402 So. 2d 534 (Fla. 5th DCA 1981); Benton v. State, 401 So. 2d 1114 (Fla. 5th DCA 1981); Stephens v. State, 399 So. 2d 1106 (Fla. 5th DCA 1981). REMANDED. DAUKSCH, C. J., and COWART, J., concur. . Three motions were actually filed: the original, a supplement t…
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Morman v. State, 458 So. 2d 88 (Fla. 5th DCA 1984)…ng. See, e.g., Williams v. State, 447 So. 2d 442 (Fla. 5th DCA 1984); McMillian v. State, 411 So. 2d 1372 (Fla. 5th DCA 1982); Brown v. State, 409 So. 2d 129 (Fla. 5th DCA 1982); Van Bever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981); Wade v. State, 402 So. 2d 534 (Fla. 5th DCA 1981); Benton v. State, 401 So. 2d 1114 (Fla. 5th DCA 1981); Stephens v. State, 399 So. 2d 1106 (Fla. 5th DCA 1981); Young v. State, 397 So. 2d 1159 (Fla. 5th DCA 1981); Brown v. State, 390 So. 2d 447 (Fla. 5th DCA 1980); Battle v. Sta…
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