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HOLMES v. STATE

No. 3D03-504.

870 So.2d 919 (2004)

Casey HOLMES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 21, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH and SHEVIN, JJ.

PER CURIAM.

Casey Holmes appeals an order denying his motion for postconviction relief. We affirm the court's denial of the motion on claim 2. However, we reverse the denial on the remaining claims raised by defendant and remand for further proceedings. The state correctly concedes that these claims are facially sufficient and that the court did not attach portions of the record conclusively refuting the claims. On remand...

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