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NAVARRO v. STATE

No. 95-2032.

670 So.2d 1174 (1996)

Claudio NAVARRO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 3, 1996.

Attorney(s) appearing for the Case

Michael H. Tarkoff, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before BARKDULL, COPE and GODERICH, JJ.

PER CURIAM.

The defendant, Claudio Navarro, appeals from the denial of his motion for post-conviction relief. After careful review of the record, we find that the motion was neither a successive motion nor untimely filed. Accordingly, we reverse and remand for an evidentiary hearing on the issue of ineffective assistance of counsel. See Ray v. State, 480 So.2d 228, 229 (Fla. 2d DCA 1985) (movant entitled to evidentiary hearing...

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