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TORRES v. STATE

No. 1D01-2406.

802 So.2d 1199 (2002)

Michael A. TORRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 4, 2002.

Attorney(s) appearing for the Case

Michael A. Torres, Pro se.

No appearance for Appellee.

PER CURIAM.

The trial court erred in determining that Appellant's rule 3.850 motion was time barred. Because the claims appear to be facially sufficient and are not conclusively refuted by the record, we REVERSE the trial court's order and REMAND for an evidentiary hearing.

REVERSED and REMANDED.

ALLEN, C.J., and BOOTH and BENTON...

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