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GARCIA v. STATE

No. 3D98-3342.

770 So.2d 752 (2000)

Orlando GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 15, 2000.

Attorney(s) appearing for the Case

Clayton R. Kaeiser, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Alison B. Cutler, Assistant Attorney General, and Rebecca Springer, Assistant Attorney General, for appellee.

Before COPE, FLETCHER, and RAMIREZ, JJ.

PER CURIAM.

The summary denial of the rule 3.850 motion for post-conviction relief filed by Orlando Garcia is reversed, and the cause is remanded to the trial court for an evidentiary hearing on the allegations contained in the motion. Garcia's motion and attachments raise substantial factual issues related to his allegations of ineffective assistance of counsel which are not refuted by the record and must be addressed by the trial court. See Stringer v. State...

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