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STATE v. NOVA

No. 84-746.

462 So.2d 511 (1985)

The STATE of Florida, Appellant, v. Louis NOVA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 13, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Diane E. Leeds, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Weiner, Robbins, Tunkey & Ross and Geoffrey C. Fleck, Sp. Asst. Public Defender, for appellee.

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

DANIEL S. PEARSON, Judge.

We remanded this case to the trial court to conduct an evidentiary hearing on Nova's Rule 3.850 claim that his waiver of a twelve-person jury in this capital case was induced by the State's unfulfilled representation that if convicted, Nova's maximum sentence would be twenty years in prison. See Nova v. State, 439 So.2d 255 (Fla. 3d DCA 1983). At the conclusion of the evidentiary hearing, the trial...

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