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REID v. STATE

No. 96-2712.

682 So.2d 194 (1996)

Robert REID, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 1996.

Attorney(s) appearing for the Case

Robert Reid, Immokalee, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, Judge.

We find that the trial court erred in denying appellant's rule 3.850 motion for post-conviction relief. Appellant's motion alleging that his counsel was ineffective for failing to investigate and present his alibi defense stated a legally sufficient basis for relief. This claim was not refuted by the exhibits attached to the State's response and expressly incorporated in the trial court's order. Therefore, we reverse the order denying relief

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