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STATE v. COMESANA

No. 3D04-949.

904 So.2d 462 (2005)

The STATE of Florida, Appellant, v. Damian COMESANA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 6, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellant.

Peter Raben, Coconut Grove, for appellee.

Before COPE, FLETCHER, and WELLS, JJ.

WELLS, Judge.

The state appeals an order granting Damian Comesana's claim of ineffective assistance of counsel and ordering a new trial. See Fla. R.Crim. P. 3.850. To demonstrate ineffective assistance of counsel, a claimant for postconviction relief must show that his counsel's performance was deficient and that there is a reasonable probability that counsel's deficient performance affected the outcome of the trial. See Strickland v. Washington,

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