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ROTH v. STATE

No. 85-2455.

479 So.2d 848 (1985)

Joseph ROTH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 1985.

Attorney(s) appearing for the Case

Joseph Roth, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

The defendant appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

The defendant was convicted of the first degree murder of his wife by means of electrocution. On appeal, the judgment of conviction was affirmed. Roth v. State, 359 So.2d 881 (Fla. 3d DCA 1978). In 1983, the defendant filed a Rule 3.850 motion alleging ineffective assistance of...

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