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959 So. 2d 1276

Borges v. State

District Court of Appeal of Florida · decided 2007-07-11

Relies on 874 So. 2d 1176 - Grosvenor v. State · 700 So. 2d 370 - LB v. State · 564 So. 2d 1153 - Arroyo v. State

Decided 2007-07-11

PER CURIAM.

¶1We reverse the summary denial of appellant’s motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

¶2Appellant entered a plea of no contest to burglary of a dwelling while armed with a weapon and grand theft. The burglary charge was a first degree felony. See § 810.02(2)(b), Fla. Stat. (2006). Appellant complains that his lawyer did not tell him of a possible defense — that the pocket knife he had in his possession at the time of the burglary was not a “dangerous weapon” within the meaning of section 810.02(2)(b). See Arroyo v. State, 564 So.2d 1153 (Fla. 4th DCA 1990); L.B. v. State, 700 So.2d 370 (Fla.1997). Appellant claims that had he known of this defense he would have gone to trial instead of accepting the plea. See Grosvenor v. State, 874 So.2d 1176 (Fla.2004). No transcript of the plea colloquy was attached to the circuit court’s order denying relief.

¶3On remand, the trial court shall either provide record attachments conclusively refuting appellant’s claim or conduct an evidentiary hearing under Grosvenor.

¶4Reversed and remanded.

GUNTHER, GROSS and TAYLOR, JJ., concur.
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