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RIVERA v. STATE

No. 2D03-3255.

893 So.2d 613 (2005)

Juan Manuel RIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 4, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Juan Manuel Rivera appeals the denial of his motion for postconviction relief sought pursuant to Florida Rule of Criminal Procedure 3.850. In light of the myriad problems with the postconviction court's handling of Rivera's motion, we reverse this case in part. On remand, a different judge should preside at the evidentiary hearing on specific claims as further explained below.

Rivera filed a motion for postconviction relief in which he asserted...

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