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JACOBS v. STATE

No. SC02-107.

880 So.2d 548 (2004)

Alwin J. JACOBS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 24, 2004.

Attorney(s) appearing for the Case

R. Mitchell Prugh of Middleton & Prugh, P.A., Melrose, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Michael J. Neimand, Bureau Chief, and Meredith L. Balo and John D. Barker, Assistant Attorneys General, Miami, FL, for Respondent.

PER CURIAM.

We have for review Jacobs v. State, 800 So.2d 322 (Fla. 3d DCA 2001), based on conflict with the decision in Smith v. State, 481 So.2d 988 (Fla. 5th DCA 1986). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We quash Jacobs, and hold that the district court erred in affirming the trial court's summary denial of petitioner's postconviction claim...

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