Padron v. State

Full title: ABEL PADRON, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Sep 13, 2000

767 So. 2d 607 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 3D00-363

Opinion filed September 13, 2000. July Term, A.D. 2000

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Michael B. Chavies, Judge. L.T. NO. F96-666-B

Abel Padron, in proper person.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and RAMIREZ, JJ.

PER CURIAM.

Defendant appeals from an order summarily denying his motion for postconviction relief brought pursuant to Fla. R. Crim. P. 3.850. We reverse. See State v. Mancino, 705 So.2d 1379 (Fla. 1998) (holding in part that despite his plea agreement, defendant's postconviction allegation that he never actually possessed the firearm during the crime required a factual determination in an evidentiary hearing); Flores v. State, 745 So.2d 977 (Fla. 3d DCA 1999).

Reversed and remanded for an evidentiary hearing.