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HEUSS v. STATE

No. 98-2048.

721 So.2d 1252 (1998)

James Robert HEUSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 23, 1998.

Attorney(s) appearing for the Case

James Robert Heuss, Arcadia, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant appellant's motion for clarification, withdraw our opinion filed on October 28, 1998 and substitute the following opinion.

We reverse and remand the summary denial of appellant's Rule 3.850 motion for an evidentiary hearing on one ground only, counsel's alleged failure to object to audio tapes of statements being given the jury during deliberations. We affirm the denial on the remaining grounds...

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