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GARCIA v. STATE

No. 3D04-2574.

907 So.2d 607 (2005)

Reinaldo GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 20, 2005.

Attorney(s) appearing for the Case

Stephen J. Golembe, Miami, for appellant.

Charles J. Crist, Attorney General, and Annette M. Lizardo, Assistant Attorney General, for appellee.

Before COPE, C.J., and WELLS and SUAREZ, JJ.

WELLS, Judge.

Reinaldo Garcia appeals the summary denial of his rule 3.850 post-conviction motion alleging ineffective assistance of trial counsel. Because Garcia's facially sufficient claim is neither conclusively refuted by the record, nor otherwise procedurally barred, we reverse and remand for an evidentiary hearing.

In August 1998, Garcia and two co-defendants were arrested and charged by the State with armed trafficking in more than 400 grams of cocaine...

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