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PAYTON v. STATE

No. 97-4416.

719 So.2d 353 (1998)

Wayne PAYTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 12, 1998.

Attorney(s) appearing for the Case

Wayne Payton, Pro Se, for Appellant.

Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant alleges in a motion filed under Florida Rule of Criminal Procedure 3.850 that his trial counsel affirmatively misinformed him as to the availability of a voluntary intoxication defense. The trial court summarily denied the motion. Morris v. State, 670 So.2d 1151 (Fla. 1st DCA 1996), however, mandates reversal as the record materials attached to the trial court's order do not conclusively demonstrate...

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