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HARDIMAN v. STATE

No. 2000-CP-00896-COA.

789 So.2d 814 (2001)

Antonio HARDIMAN a/k/a Antonio G. Hardiman a/k/a Antonio Gus Hardiman a/k/a `Twon', Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

May 29, 2001.

Attorney(s) appearing for the Case

Antonio Hardiman, Appellant, pro se.

Office of the Attorney General by Billy L. Gore, Attorney for Appellee.

Before SOUTHWICK, P.J., BRIDGES, and LEE, JJ.

SOUTHWICK, P.J., for the court:

¶ 1. Antonio Hardiman sought relief from convictions for aggravated assault and armed robbery. The Circuit Court of Lincoln County dismissed the motion without a hearing. Hardiman appeals. We hold that since an affidavit was presented in which the sole witness supporting one of the charges recanted his testimony, Hardiman should have been granted an evidentiary hearing. Therefore, we reverse and remand for further proceedings....

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