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STATE v. O'ROURKE

Nos. 96-110, 96-923.

696 So.2d 387 (1997)

STATE of Florida, Appellant/Cross-Appellee, v. William J. O'ROURKE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 10, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant.

THOMPSON, Judge.

The state appeals an order on William J. O'Rourke's rule 3.850 motion for post-conviction relief which granted O'Rourke a new trial on the charge of attempted first-degree murder. O'Rourke cross-appeals alleging the trial court erred when it denied relief based upon his claim of ineffective assistance of counsel.

We affirm the order denying O'Rourke relief based on his claim of ineffective assistance of counsel. Substantial competent evidence...

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