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WHALEN v. STATE

No. EE-212.

348 So.2d 1230 (1977)

Edward James WHALEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 9, 1977.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Following affirmance of his conviction by this court, Whalen v. State, 335 So.2d 631 (Fla.1st DCA 1976), Whalen filed in the trial court a motion to vacate the judgment and sentence on grounds including the alleged incompetence of his trial counsel. That motion and the files and records of the case did not conclusively show Whalen not entitled to relief. Fla.R.Crim.P. 3.850. The trial court accordingly held a...

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