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CARTER v. STATE

No. 91-278.

590 So.2d 1096 (1991)

Charles Edward CARTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy Ginsberg Shanock, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and LEVY, JJ.

PER CURIAM.

Carter appeals the trial court's order denying his rule 3.850 motion to vacate a judgment of convictions and sentences without a hearing. On the facts presented, an evidentiary hearing should have been conducted.

After we affirmed the convictions and sentences, Carter v. State, 550 So.2d 1130 (Fla. 3d DCA 1989), rev. denied, 553 So.2d 1164 (Fla. 1989), the appellant filed a motion to vacate the...

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