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DIAZ v. STATE

No. 3D00-2366.

768 So.2d 1231 (2000)

Avissmael DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 4, 2000.

Attorney(s) appearing for the Case

Avissmael Diaz, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J. and FLETCHER and SHEVIN, JJ.

PER CURIAM.

Avissmael Diaz seeks review of an order1 denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, seeking postconviction relief. We reverse and remand.

The circuit court summarily denied the motion as "legally insufficient" without reaching the merits. Our examination of the petition for postconviction relief shows no legal insufficiency. The motion was timely filed, contains appropriate issues...

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