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HERNANDEZ v. STATE

No. 99-621.

750 So.2d 50 (1999)

Humberto HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing October 13, 1999.

Attorney(s) appearing for the Case

Milton Hirsch, Miami, for appellant.

Robert A. Butterworth, Attorney General; Katherine Fernandez Rundle, State Attorney, and Angelica D. Zayas and Penny H. Brill, Assistant State Attorneys, for appellee.

Before GERSTEN, FLETCHER, and SHEVIN, JJ.

Rehearing En Banc October 13, 1999.

FLETCHER, Judge.

Humberto Hernandez was convicted and sentenced at the conclusion of a trial during which time his defense attorney was carrying on a sexual relationship with Hernandez' wife. The question is whether Hernandez is entitled to an evidentiary hearing on his post-conviction motion for a new trial, because of his attorney's conduct, notwithstanding that Hernandez has not alleged any concrete act demonstrating...

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