HUMMEL v. STATE

No. 4D09-1218.

34 So.3d 788 (2010)

Robert HUMMEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 2010.


Attorney(s) appearing for the Case

Robert Hummel, Arcadia, pro se.

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


WARNER, J.

Robert Hummel appeals an order summarily denying his motion for postconviction relief. He claims that his counsel was ineffective in failing to object when the court vacated his plea and sentence based upon his refusal to agree to a condition not specified in the plea agreement. We agree that the record does not conclusively refute his allegations. We therefore reverse and remand for an evidentiary hearing.

Hummel was on community control for delivery...

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