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BAKER v. STATE

No. 81-56.

408 So.2d 686 (1982)

Howard D. BAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 6, 1982.

Attorney(s) appearing for the Case

B. Robert Ohle, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, and Deborah A. Osmond, Asst. Atty. Gen., Tampa, for appellee.

SCHOONOVER, Judge.

The sole issue on this appeal is whether the trial court erred in summarily denying the appellant's motion to withdraw his guilty plea without conducting an evidentiary hearing to determine if he was competent at the time he entered the plea. We agree with the appellant's contention that he should have been allowed a hearing to determine if good cause for withdrawal of the plea existed under Florida Rule of Criminal Procedure 3.170(f).

A...

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