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SAUNDERS v. STATE

No. 75-636.

340 So.2d 940 (1976)

Thomas Walter SAUNDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 26, 1976.

Attorney(s) appearing for the Case

Thomas Walter Saunders, in pro. per.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant appeals from an order of the Circuit Court of Brevard County summarily denying his motion to vacate pursuant to Rule 3.850 Fla.R.Crim.P. Summary denial of a motion under Rule 3.850 can be sustained only when the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief. Merritt v. State, 165 So.2d 245 (Fla.2d DCA 1964). The allegations of appellant's motion...

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