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MENESES v. STATE

No. 79-183.

372 So.2d 1152 (1979)

Reinaldo Demetrio MENESES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 30, 1979.

Attorney(s) appearing for the Case

Pertnoy & Greenberg and Steven M. Greenberg, Miami, for appellant.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The appellant seeks review, pursuant to Fla.R.App.P. 9.140(g), of the summary denial of his motion for post-conviction relief filed under Fla.R.Crim.P. 3.850. We reverse for an evidentiary hearing.

The defendant had been charged with a lottery-bolita violation in which the primary evidence against him consisted of wiretap evidence of telephone conversations in which he was allegedly involved. After...

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