DELL, Judge.
These consolidated appeals arise out of a single order entered on Kim Kruger's motions for post conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We will refer to the trial court case numbers in this opinion. In Case No. 87-6653, the state appeals the trial court's order granting a new trial and Kruger cross appeals claiming the trial court should have entered an order of discharge for violation of his constitutional...
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