Kitt v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 DARRIS KITT, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-5202 [March 30, 2011] PER CURIAM. We reverse the trial court s order denying postconviction relief as to ground one of appellant s motion, in that in its trial response the state conceded a need for an evidentiary hearing for the proper resolution of appellant s claim that his attorney never advised him of a plea offer. As to the remaining grounds, we affirm. Reversed and remanded for an evidentiary hearing. GROSS, C.J., WARNER and DAMOORGIAN, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 2007CF001929AXX. Darris Kitt, South Bay, pro se. Pamela J o Bondi, Attorney General, Tallahassee, a n d James J. Carney, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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