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O'NEILL v. STATE

No. 4D03-1918.

886 So.2d 250 (2004)

Steven G. O'NEILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 20, 2004.

Attorney(s) appearing for the Case

Jerold H. Reichler of Poltorack, Shafran & Falzone, L.L.C., Ft. Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee and Heidi L. Bettendorf and Richard Valuntas, Assistant Attorneys General, for appellee.

CORRECTED OPINION

PER CURIAM.

We withdraw our opinion filed on September 22, 2004 and substitute this opinion.

We reverse the summary denial of appellant's rule 3.850 motion for an evidentiary hearing on the grounds pertaining to counsel's failure to call witnesses and present evidence which would have supported appellant's voluntary intoxication defense, or the attachment of portions of record which conclusively refute appellant's claim....

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