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Rappaport v. State, No. 4D08-1972 (Fla. App. 12/23/2009) (Fla. App., 2009)

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HERBERT RAPPAPORT, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-1972. District Court of Appeal of Florida, Fourth District. December 23, 2009. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Andrew L. Siegel, Judge; L.T. Case No. 07-011829 CF10B. Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee. CIKLIN, J. Herbert Rappaport appeals the trial court’s summary denial of his motion to withdraw his plea of guilty before sentencing. We conclude that it was error to deny the motion without an evidentiary hearing, as the record does not conclusively refute two of his claims...continue to full post

Full post as published by Florida Criminal Law Opinions on December 23, 2009 (boomark / email).