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BOOKER v. STATE

No. 94-455.

655 So.2d 169 (1995)

James BOOKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 21, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Andrew M. Kassier, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BASKIN, LEVY and GODERICH, JJ.

PER CURIAM.

On this 3.850 motion, disposed of without evidentiary hearing, we reverse and remand for the trial court to hold an evidentiary hearing or attach portions of the record demonstrating the defendant is not entitled to relief on the refusal to permit testimony issue, Holmes v. State, 650 So.2d 1093 (Fla. 3d DCA 1995). Remaining allegations are facially insufficient.

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