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456 So. 2d 965

456 So.2d 965

9 Fla.L.Weekly 2113

Mills v. State

District Court of Appeal of Florida

Decided October 3, 1984

District Court of Appeal of Florida · decided 1984-10-03

Decided 1984-10-03

PER CURIAM.

¶1Appellant challenges the denial, without hearing, of his motion for post conviction relief. Fla.R.Crim.P. 3.850.

¶2Appellant pleaded guilty or nolo contendere to an unknown number of crimes in five different informations. He filed his motion for post conviction relief, alleging that he received ineffective assistance of counsel and that his pleas were involuntary. That portion of the record which the trial judge attached to the order denying relief is the transcript of a hearing at which appellant pleaded guilty to grand theft, one count of one information. It does not relate to any of the other charges, and therefore is inadequate to conclusively refute appellant’s allegations with respect to the other charges.

¶3As to the grand theft, the record reflects that counsel walked out on his *966client during the plea hearing. When admonished by the trial judge, counsel stated that he didn’t know his client was entering a plea; he thought appellant had already pleaded to all charges, and was just being sentenced. This does not conclusively refute appellant's allegations of ineffective assistance of counsel.

¶4REVERSED and REMANDED for an evidentiary hearing.

ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.
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