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KORNEGAY v. STATE

No. 1D01-2717.

826 So.2d 1081 (2002)

Steven Charles KORNEGAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 2, 2002.

Attorney(s) appearing for the Case

James C. Banks of the Law Offices of James C. Banks, P.A., Tallahassee; Theresa A. Marvin, Special Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

This is an appeal from an order denying a motion to vacate sentence, entered following an evidentiary hearing. We reverse and remand pursuant to Florida Rule of Criminal Procedure 3.850(d), which provides that once an evidentiary hearing has been held, the trial court shall "determine the issues, and make findings of fact and conclusions of law with respect thereto." Without making any factual findings, the court concluded that defense counsel's failure...

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