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JOHNSON v. STATE

No. 4D01-1063.

801 So.2d 211 (2001)

Ellis JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 5, 2001.

Attorney(s) appearing for the Case

Ellis Johnson, Lake City, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court's denial of appellant's post-conviction motion for relief, pursuant to Florida Rule of Criminal Procedure 3.850, for an evidentiary hearing, or attachment of those portions of the record which conclusively refute appellant's claims. See Franklin v. State, 645 So.2d 166 (Fla. 4th DCA 1994).

POLEN, C.J., FARMER and GROSS...

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