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LANE v. STATE

No. 1D02-1765.

839 So.2d 854 (2003)

Eric LANE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 10, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, for Appellee.

BROWNING, J.

This is an appeal from the denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We agree with two of Appellant's three claims, reverse the trial court's order as to those claims, and remand for attachment of portions of the record which conclusively refute Appellant's claims or for an evidentiary hearing.

Appellant pled nolo contendere to driving under the influence with serious bodily injury, in exchange for his sentence...

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