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997 So. 2d 1211

Docket No. 4D08-1872.

Pardon v. State

Peter PARDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 24, 2008.

Rehearing Denied January 30, 2009.

District Court of Appeal of Florida · decided 2008-12-24

Relies on Strickland v. Washington · 991 So. 2d 835 - Morgan v. State · Pardon v. State

Decided 2008-12-24

¶1John H. Lipinski, Pembroke Pines, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

¶3Prior report: 930 So.2d 700.

¶4PER CURIAM.

¶5We affirm the order denying appellant's motion for postconviction relief on all issues except his claim that his counsel was ineffective in failing to inform him of the possibility of a life sentence when deciding whether to accept a twenty-year plea offer. On that issue, we reverse and remand for an evidentiary hearing, as the attachments and arguments made by the state do not conclusively show that counsel told appellant that he was subject to a life sentence or that appellant otherwise knew of the maximum sentence at the time the plea was offered. See Morgan v. State,991 So.2d 835 (Fla.2008). As to the matters on which we affirm, we conclude that they do *1212 not constitute ineffective assistance, they should have been raised on direct appeal, and Strickland[1] prejudice has not been shown.

¶6Affirmed in part, reversed in part, and remanded for an evidentiary hearing consistent with this opinion.

¶7WARNER, FARMER and DAMOORGIAN, JJ., concur.

NOTES

¶8[1] Strickland v. Washington,466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

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