Parlavecchio v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 JERRY PARLAVECCHIO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-5370 [ July 13, 2011 ] PER CURIAM. Jerry Parlavecchio appeals from the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's order on all issues except the denial of the claims within Points One and Two concerning Parlavecchio s rejection of a favorable plea offer. See generally, Haynes v. State, 24 So. 3d 726 (Fla. 4th DCA 2009). We reverse and remand for the trial court to conduct an evidentiary hearing to address solely those claims. Affirmed in part, Reversed in part and Remanded. POLEN, TAYLOR and HAZOURI, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Kenneth Gillespie, Judge; L.T. Case No. 00-9766CF10A. Pedro E. Dijols of Pedro E. Dijols, P.A., Fort Lauderdale, for appellant. Pamela J o Bondi, Attorney General, Tallahassee, a n d Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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