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MARTINEZ v. STATE

No. 80-2002.

402 So.2d 29 (1981)

Jose MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 1, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and BASKIN, JJ.

SCHWARTZ, Judge.

The trial judge denied the defendant's Fla.R.Crim.P. 3.850 motion without an evidentiary hearing. The record before us does not conclusively refute the motion's sworn1 allegations (a) that he was given erroneous advice by appointed counsel concerning the non-existence, under the law, of his alleged defense of self-defense to the charges against him, see State v. Lyles, 316 So.2d 277<...

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