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EVANS v. STATE

No. 98-4357.

731 So.2d 766 (1999)

Xavier EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 14, 1999.

Attorney(s) appearing for the Case

Eugene S. Garrett, Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Xavier Evans appeals the denial of his rule 3.850 motion without evidentiary hearing or attachment of record excerpts refuting his allegations. He also appeals an order that denied his motion to disqualify the assigned judge and the statewide prosecutor. We affirm the denial of the motion to disqualify, but reverse the order denying the postconviction motion and remand for evidentiary hearing or for attachment of excerpts from the trial record that conclusively...

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