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EDWARDS v. STATE

No. 86-1136.

488 So.2d 172 (1986)

Robert Alvin EDWARDS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 20, 1986.

Attorney(s) appearing for the Case

Robert Alvin Edwards, in pro. per.

Jim Smith, Atty. Gen., for appellee.

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

PER CURIAM.

The order summarily denying the defendant's Rule 3.850 motion is reversed and the cause remanded to the trial court either to conduct an evidentiary hearing on the defendant's claim that he did not validly waive his right to be tried by a twelve person jury, or, if again denied without hearing, to attach such records in the case that will conclusively show that the defendant is entitled to no relief on his claim...

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