Hart v. State

PER CURIAM.

Appellant attacks his twenty year sentence for sexual battery by way of a motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied appellant’s motion without hearing. We reverse and remand this matter for an evidentiary hearing on the issue of ineffective assistance of counsel and on appellant’s claim of a plea agreement.

REVERSED and REMANDED.

DELL and WALDEN, JJ., concur. ANSTEAD, J., dissents without opinion.