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BRYANT v. STATE

No. 97-3555.

723 So.2d 878 (1998)

James Paul BRYANT, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 21, 1999.

Attorney(s) appearing for the Case

Daniel S. Ciener and David J. Romett and Andy M. Fouche' of Law Firm of Daniel S. Ciener, Merritt Island, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff and Ann M. Phillips, Assistant Attorneys General, Daytona Beach, for Appellee.

PER CURIAM.

James Paul Bryant appeals from the denial, after an evidentiary hearing, of his rule 3.850 motion alleging ineffective assistance of trial counsel. Because the error asserted would have required trial counsel to take a position in direct conflict with then controlling case law1 in this district and would also have required the trial attorney to move for discharge pursuant to Florida...

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