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THOMAS v. STATE

No. 1D02-1523.

846 So.2d 634 (2003)

Thomas J. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 29, 2003.

Attorney(s) appearing for the Case

Appellant, pro se.

Charlie Crist, Attorney General and Giselle Lylen Rivera, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Thomas J. Thomas, appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion following an evidentiary hearing. Appellant filed a timely and facially sufficient motion for appointment of counsel several weeks before the hearing, but it was denied. We reverse.

We repeat that counsel need not be appointed every time there is an evidentiary hearing, but "any doubt about the need for counsel must be resolved in favor of the...

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