MacIas v. State

ON MOTIONS FOR REHEARING AND CONSOLIDATION

Upon consideration of the appellant’s motions for rehearing 1 and for consolidation of the same appellant’s Case No. 8D09-837 with Macias v. State, Case No. 3D09-656, we withdraw the per curiam affirmance filed June 10, 2009 in the higher-numbered case and substitute the opinion which follows. For the reasons detailed below, we also grant the motion for consolidation and remand both cases to the circuit court for further proceedings.

The issue involved in both cases 2 is whether the trial court erred in denying motions to vacate pleas of no contest…