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OWENS v. STATE

No. 84-1357.

453 So.2d 206 (1984)

Lewis Edward OWENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 25, 1984.

Attorney(s) appearing for the Case

Lewis Edward Owens, pro se appellant.

No appearance required by appellee.

PER CURIAM.

The order denying post-conviction relief, from which this appeal is taken, recites in pertinent part that the court "finds based upon all the pleadings in the case that the Defendant's motion is without merit... ."

We reverse and remand with instructions to comply with the alternatives provided by Rule 3.850 as follows:

If the motion and the files and records in the case conclusively show that the prisoner is entitled to no relief, the...

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