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ALLEN v. STATE

No. 77-2344.

358 So.2d 560 (1978)

Woodrow L. ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 31, 1978.

Attorney(s) appearing for the Case

Woodrow L. Allen, in pro per.

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

DAUKSCH, Judge.

We have for review an order of the Circuit Court of Palm Beach County summarily denying Appellant's motion to vacate filed pursuant to Rule 3.850, Fla.R.Crim.P.

Rule 3.850 requires that a trial court grant an evidentiary hearing to consider issues raised by a motion filed under the rule unless the motion and the files and records in the case conclusively show that the prisoner is entitled to no relief. Saunders v. State,

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