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VAN BEVER v. STATE

No. 81-1162.

405 So.2d 474 (1981)

Milton A. VAN BEVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 28, 1981.

Attorney(s) appearing for the Case

Milton A. Van Bever, in pro. per.

No appearance for appellee.

COBB, Judge.

Without conducting an evidentiary hearing, and without attaching any portion of the case file or record, the court below denied Van Bever's motion1 to set aside his plea and sentence. The issue in this case is whether Van Bever alleged a prima facie ground for relief.

Because no portion of the record was attached to its order of denial, the trial court impliedly found the motion legally

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