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HOPKINS v. STATE

No. 81-1731.

413 So.2d 443 (1982)

James Leroy HOPKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 4, 1982.

Attorney(s) appearing for the Case

James Leroy Hopkins, in pro. per.

Jim Smith, Atty. Gen. and Theda R. James, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON, and JORGENSON, JJ.

PER CURIAM.

When a petitioner alleges ineffective assistance of counsel, unless the motion and the files and record in the case conclusively show that he is not entitled to relief, the petitioner is entitled to an evidentiary hearing on his motion. Fla.R.Crim.P. 3.850. Meeks v. State, 382 So.2d 673 (Fla. 1980); Cash v. State, 412 So.2d 420 (Fla. 3d DCA 1982).

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