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ELKINS v. STATE

No. 85-2173.

489 So.2d 867 (1986)

Blaine ELKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 10, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Ira N. Loewy, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Mark J. Berkowitz, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and JORGENSON, JJ.

PER CURIAM.

The state has filed a motion to relinquish jurisdiction for the purpose of an evidentiary hearing on the claim of ineffectiveness of counsel. This is in effect a confession of error as to the summary order under review. Therefore said order is reversed and the matter returned to the trial court for an evidentiary hearing on appellant's 3.850 motion.

Reversed and remanded with...

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