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DWYER v. STATE

No. 97-3233.

743 So.2d 46 (1999)

Charles Owen DWYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 20, 1999.

Attorney(s) appearing for the Case

Charles Owen Dwyer, Jasper, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

Charles Owen Dwyer appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion in which he made claims of ineffective assistance of his trial counsel, newly discovered evidence1 of the victim's violent nature, and a Brady violation. We vacate the order based on the first two claims and remand for an evidentiary hearing.2

Dwyer's conviction rested entirely on the jury...

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