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ROWE v. STATE

No. 90-3321.

588 So.2d 344 (1991)

Robert Rowland ROWE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 20, 1991.

Attorney(s) appearing for the Case

Bradley R. Stark, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Saltiel, Asst. Atty. Gen., West Palm Beach, for appellee.

OPINION ON REHEARING

PER CURIAM.

We grant the motion for rehearing, vacate our previous opinion and substitute the following opinion.

This is an appeal from an order denying a motion for relief under rule 3.850, Florida Rules of Criminal Procedure. There was no evidentiary hearing, and the only attachment to the order of denial was a copy of the state's response.

A trial court may summarily deny a motion made pursuant to rule 3.850 if, although...

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