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STATE v. LOPEZ

No. 3D00-2552.

785 So.2d 667 (2001)

The STATE of Florida, Appellant, v. Tomas Antonio LOPEZ, Appellee.

District Court of Appeal of Florida, Third District.

May 9, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellant.

Alvarez & Garcia-Montes and Gustavo J. Garcia-Montes, Miami, for appellee.

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

PER CURIAM.

We affirm the trial court's order granting defendant's Florida Rule of Criminal Procedure 3.850 motion. The trial court did not abuse its discretion in finding that defendant did not lack due diligence in bringing his claim and that there was not inordinate prejudice to the state. See State v. Perry, 786 So.2d 554 (Fla.2001), and cases cited therein. Contrary to the state's assertion the transcript of the evidentiary...

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