Garcia v. State

Joseph Garcia appeals the summary denial of his motion to vacate his sentence, filed pursuant to Fla.R.Crim.P. 3.850, wherein he alleged that his present sentence was predicated in part on a prior conviction in a case in which he was without counsel. Since appellant’s allegations, if true, would entitle him to relief and since his allegations are not refuted by the record, we must reverse.

In 1974 appellant was charged with robbery, tried by a jury, and convicted as charged. Immediately following the publishing of the verdict, the trial judge verbally summarized the contents of the F.B.I. “rap…