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SMITH v. STATE

No. 79-1804.

379 So.2d 474 (1980)

Sylvester Earl SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 1980.

Attorney(s) appearing for the Case

Sylvester Earl Smith, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from the denial of a Rule of Criminal Procedure 3.850 motion to vacate. The motion was denied without an evidentiary hearing. We conclude that the files and records of the case do not conclusively show defendant was entitled to no relief. Thus, the court below should have held an evidentiary hearing, and the matter is reversed and remanded for the purposes of holding an evidentiary hearing on the motion to vacate.

REVERSED AND...

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