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McPHEE v. STATE

No. 98-2134.

728 So.2d 332 (1999)

Kevin McPHEE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 10, 1999.

Attorney(s) appearing for the Case

Kevin McPhee, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, GERSTEN and SORONDO, JJ.

PER CURIAM.

We reverse the order summarily denying defendant's motion for postconviction relief as to grounds two (c) and three of defendant's motion and remand for an evidentiary hearing. The record before this Court does not conclusively refute defendant's allegations of ineffective assistance of trial counsel as to his attorney's misadvice concerning the potential consequence of testifying and failure to call an alibi witness. See Fla. R.App. P. 9.140(i...

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