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DOBI v. STATE

No. 5D00-2831.

775 So.2d 434 (2001)

Zoltan DOBI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 19, 2001.

Attorney(s) appearing for the Case

Zoltan Dobi, Perry, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

As we did in Dobi v. State, No. 5D00-2422, 771 So.2d 1177 (Fla. 5th DCA Nov.7, 2000), we reverse the dismissal of appellant's motion filed pursuant to Florida Rule of Criminal Procedure 3.850, which raises a claim under Peart v. State, 756 So.2d 42 (Fla.2000) and remand for the trial court either to attach records refuting the claim or hold an evidentiary hearing.

REVERSED and REMANDED.

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