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HARRIS v. STATE

Nos. 84-786, 86-1094.

495 So.2d 1235 (1986)

Virgil HARRIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 21, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

This is a consolidated appeal from a summary denial of a motion to vacate judgment and sentence filed pursuant to Fla.R. Crim.P. 3.850. There are two trial court orders under review here, both of which deny virtually identical motions to vacate without according the defendant an evidentiary hearing. Because (a) "the motion and the files and records in the case" do not "conclusively show that the prisoner is entitled to no relief," Fla.R.Crim.P. 3.850,...

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