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FENELON v. STATE

No. 3D04-1808.

890 So.2d 567 (2005)

Terry FENELON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 19, 2005.

Attorney(s) appearing for the Case

Terry Fenelon, in proper person.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before COPE, GREEN, and WELLS, JJ.

CONFESSION OF ERROR

PER CURIAM.

We reverse the order summarily denying defendant's Florida Rule of Criminal Procedure 3.850 motion. As the state properly concedes, the defendant's motion states cognizable claims and is legally sufficient. On remand, the court shall attach portions of the record conclusively refuting the claims, or hold an evidentiary hearing on the allegations in the motion. Peede v....

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