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YOUNG v. STATE

No. 93-2386.

629 So.2d 1116 (1994)

Johnny C. YOUNG, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 1994.

Attorney(s) appearing for the Case

Johnny C. Young, Sr., pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Johnny C. Young, Sr., appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Young's motion is not included in the record on appeal and cannot be located by the clerk below, the state concedes that the motion has been inadvertently misplaced not due to the fault of Young. We vacate the trial court's order and remand this cause to the trial court with directions to Young to...

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