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PORTER v. STATE

No. 80-304.

384 So.2d 952 (1980)

Eddie Lee PORTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 1980.

Attorney(s) appearing for the Case

Eddie Lee Porter, appellant, pro se.

No appearance on behalf of appellee.

PER CURIAM.

Defendant/appellant takes this appeal pursuant to Rule 9.140(g), Fla.R.App.P., following the denial of his 3.850 motion without an evidentiary hearing. Since the record fails to conclusively show that the appellant is entitled to no relief, the order is reversed and the cause is remanded for an evidentiary hearing. See, Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

REVERSED AND REMANDED.

DOWNEY...

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