KITT v. STATE, 57 So.3d 295 (Fla.App. 4 Dist. 2011)

Darris KITT, Appellant, v. STATE of Florida, Appellee.

No. 4D09-5202.District Court of Appeal of Florida, Fourth District.
March 30, 2011.

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 Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

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.

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