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THURMAN v. STATE

No. 2D04-1287.

892 So.2d 1085 (2004)

David G. THURMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 5, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and J.L. "Ray" LeGrande, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

David Thurman seeks review of the trial court's order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reject Thurman's contention that the trial court erred in summarily denying ground eight of the motion, but agree that the court erred in summarily denying ground three. Accordingly, we affirm in part and reverse in part.

Thurman was convicted of grand theft of an air conditioner...

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