PURTLE, Justice.
Appellant's motion to vacate sentence under A.R.Cr.P., Rule 37 alleging a denial of his right to a speedy trial and ineffective assistance of counsel was denied without a hearing by the court. On appeal the appellant argues the court erred in failing to vacate the sentence or in the alternative that appellant is entitled to an evidentiary hearing. We agree he was entitled to a hearing based upon the allegations in his motion.
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