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OLIVER v. STATE

No. 5D01-1874.

807 So.2d 780 (2002)

James Lee OLIVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 22, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Oliver appeals an order summarily denying ground two of his Rule 3.8501 motion for postconviction relief. Because the lower court failed to attach portions of the record to conclusively refute Oliver's claims, our review is limited to determining whether, accepting the allegations as true, the motion shows the defendant is not entitled to relief. Edwards v. State, 652 So.2d 1276, 1277...

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