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SMITH v. STATE

No. 98-217.

718 So.2d 223 (1998)

Tommie Shane SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 3, 1998.

Attorney(s) appearing for the Case

I. Mark Rubin, of Rubin & Rubin, P.A., Jacksonville, for Appellant.

Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.

SHIVERS, DOUGLASS B., Senior Judge.

Tommie Shane Smith appeals an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Concluding that the trial court's attachments do not conclusively refute the allegations in Ground One of the motion, we are constrained to reverse the order and remand for further proceedings relating to the dispositive "consecutive sentencing" issue. In light of our holding, we need not address the...

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