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STAPLES v. STATE

No. 4D02-63.

831 So.2d 756 (2002)

Jimmie L. STAPLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 20, 2002.

Attorney(s) appearing for the Case

Jimmie L. Staples, Century, pro se.

Richard E. Doran, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.

CORRECTED OPINION

PER CURIAM.

The opinion issued in this case on September 25, 2002 is withdrawn, and the following opinion is substituted in its place.

We reverse an order summarily denying appellant's rule 3.850 motion post-conviction relief for an evidentiary hearing on the second ground of appellant's motion, concerning a witness named Rodriguez. We disagree with the state that the purported testimony of Rodriguez would necessarily be...

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