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MILLER v. STATE

No. 3D02-2487.

867 So.2d 566 (2004)

Jerry Lacel MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 3, 2004.

Attorney(s) appearing for the Case

Cain & Snihur and May L. Cain, Miami, for appellant.

Charles J. Crist, Jr., Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before FLETCHER, RAMIREZ, and SHEPHERD, JJ.

FLETCHER, Judge.

Jerry Lacel Miller appeals from the denial of his petition for relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part, and reverse in part and remand for an evidentiary hearing.

Miller's motion for post-conviction relief contained allegations that his attorney failed to interview or depose the state's primary witness1, failed to inspect certain photographic and taped discovery made available...

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