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STATE v. SCHIANO

No. 96-3383.

696 So.2d 531 (1997)

STATE of Florida, Appellant, v. Richard SCHIANO, Appellee.

District Court of Appeal of Florida, Fourth District.

July 9, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellant.

Gary S. Ostrow of Law Office of Gary S. Ostrow, Fort Lauderdale, for appellee.

PER CURIAM.

The state appeals an order granting appellee, Schiano's motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850. Schiano entered pleas on July 15, 1996. On August 26, 1996, he moved for post-conviction relief. Without holding a hearing on the motion or giving notice to the state, the trial court granted the motion on September 8, 1996, vacating the pleas, judgment and sentence and reinstating the not guilty plea.

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