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STATE v. OLIVER

No. 83-827.

442 So.2d 1073 (1983)

The STATE of Florida, Appellant, v. Eunice Marie OLIVER, Appellee.

District Court of Appeal of Florida, Third District.

December 20, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Penny H. Brill, Asst. Atty. Gen., for appellant.

Michael Zelman, Miami, for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

FERGUSON, Judge.

The state appeals an order of the trial court which sets aside a seven year old conviction and grants a new trial on a Rule 3.850 post-trial motion alleging ineffective assistance of trial counsel.

Appellee and her "boyfriend" Drayton were convicted of manslaughter after a trial by jury.1 The facts at trial were in pertinent part as follows. Appellee Oliver and the victim were involved in a street altercation instigated...

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