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CLARK v. STATE

No. 77-941.

365 So.2d 404 (1978)

George CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 29, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marc E. Kirk, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

ANSTEAD and MOORE, JJ., concur.

DAUKSCH, J., dissents with opinion.

DAUKSCH, Judge, dissenting:

I respectfully dissent.

In this appeal from a summary denial, without hearing, of a motion to vacate under Florida Rules of Criminal Procedure 3.850 the appellant urges us to reverse the order and require the trial court to hold a hearing to determine if his allegations are true and, if true, grant further...

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