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SMITH v. STATE

No. 92-2740.

613 So.2d 934 (1993)

Charlie Lee SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 2, 1993.

Attorney(s) appearing for the Case

Charlie Lee Smith, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We reverse the order summarily denying the appellant's Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief and remand to the trial court with instructions to either conduct an evidentiary hearing or attach the portions of the record which refute the appellant's claims.

REVERSED and REMANDED.

GOSHORN, C.J., and W. SHARP and PETERSON...

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