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RAHMING v. STATE

No. 72-786.

272 So.2d 830 (1973)

David Emanuel RAHMING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 31, 1973.

Attorney(s) appearing for the Case

Charles Musgrove, Public Defender, and Norman J. Kapner, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant's Rule 3.8501, 33 F.S.A. petition was denied without an evidentiary hearing. From the appellate presentation it appears to be conceded and without dispute that this was error. Pitts v. State, Fla. 1971, 247 So.2d 53. Accordingly, the appealed order should be reversed and the cause remanded with respectful instructions to appoint new counsel for appellant (other than the Public Defender...

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