Goldstein v. State, 83-2357

Decision Date02 May 1984
Docket NumberNo. 83-2357,83-2357
PartiesJimmy GOLDSTEIN, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Gary E. Chase and Harvey H. Harling of Boca Raton Community Legal Services, Boca Raton, for appellant.

No appearance required for appellee.

PER CURIAM.

We reverse the trial court's denial of appellant's motion for post-conviction relief and remand for an evidentiary hearing on appellant's allegations of ineffective assistance of counsel by reason of his counsel's alleged improper conduct in securing appellant's agreement to plead guilty. See Ramsey v. State, 408 So.2d 675 (Fla. 4th DCA 1981). We also believe that the requirements of Florida Rule of Criminal Procedure 3.850 requiring that the motion be sworn were satisfied by counsel's sworn attestation to the motion.

ANSTEAD, C.J., and LETTS and DOWNEY, JJ., concur.

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2 cases
  • Daniels v. State, 83-2762
    • United States
    • Florida District Court of Appeals
    • May 30, 1984
    ...motion contain "[a] brief statement of facts" and that "the motion shall be under oath." (emphasis supplied). See also Goldstein v. State, 453 So.2d 69 (Fla. 4th DCA 1984). Therefore, the trial court properly disregarded the unsworn supplemental factual allegations in defendant's accompanyi......
  • State v. Goldstein
    • United States
    • Florida Supreme Court
    • November 6, 1984
    ...274 458 So.2d 274 State v. Goldstein (Jimmy) NO. 65,613 Supreme Court of Florida. NOV 06, 1984 Appeal From: 4th DCA 453 So.2d 69 Pet. for rev. ...

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