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MEARS v. STATE

No. 69-278.

232 So.2d 749 (1970)

Leevy Carlton MEARS, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 17, 1970.

Attorney(s) appearing for the Case

Jack R. Nageley and Harvey S. Swickle, Miami Beach, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.

PEARSON, Chief Judge.

This is an appeal from an order denying Mears's petition for post-conviction relief filed pursuant to Rule 1.850, Florida Rules of Criminal Procedure, 33 F.S.A. The order denying the petition was entered at the conclusion of an evidentiary hearing. This is a second attack by this defendant directed to his conviction in the criminal court of record upon a two-count information charging him with (1) "unlawfully and feloniously break[ing] and enter...

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