Legal Opinion

Biggs v. State

District Court of Appeal of Florida

Decided December 7, 2001No. 5D00-3760Published

1Opinion of the CourtPeterson, J.

In this belated appeal, Terrance Lavar Biggs seeks to withdraw his plea, complains about ineffective assistance of counsel and alleges that his scoresheet was improperly calculated.

On February 1, 2000, Biggs filed a motion with the trial court to withdraw his plea. However, the scheduled hearing on *230the motion never occurred because the State- failed to transport him from prison on the scheduled date. Notwithstanding, the hearing was not rescheduled.

We remand to the trial court for a period of 45 days for the purpose of conducting a hearing on the motion. This appeal will be held in abeyance…

2Cases cited2 opinions

  1. Poole v. StateDistrict Court of Appeal of Florida · 2001
  2. Drumwright v. StateDistrict Court of Appeal of Florida · 1999

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