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STATE v. DUKES

No. 79-189.

388 So.2d 651 (1980)

STATE of Florida, Appellant, v. Ernest Lee DUKES, Appellee.

District Court of Appeal of Florida, Second District.

October 1, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellant.

Angelo M. Ferlita of Diecidue, Ferlita, Prieto & Nutter, Tampa, and Anthony Alfonso, Jr., Tampa, for appellee.

PER CURIAM.

In 1977 appellee was convicted of rape. He was represented throughout the proceedings by privately retained counsel. In 1979 he moved to vacate the judgment on the ground that his attorney had been incompetent and ineffectual. An evidentiary hearing was conducted; thereafter the trial court granted the motion and ordered a new trial. We affirm. Cuyler v. Sullivan, ___ U.S. ___, 100 S.Ct. 1708, 64 L.Ed...

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