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MILTON v. STATE

No. SC04-848.

897 So.2d 1268 (2005)

Jessie James MILTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 17, 2005.

Attorney(s) appearing for the Case

Jessie James Milton, pro se, Miami, FL.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Kellie A. Nielan and Pamela J. Koller, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

PER CURIAM.

We have jurisdiction in this case based upon article V, section 3(b)(3), of the Florida Constitution. We review only the issue as to whether the trial court erred in summarily denying petitioner relief based upon his claim that counsel's failure to call a witness was ineffective assistance. In accord with our decision in Nelson v. State, 875 So.2d 579 (Fla.2004), we quash the decision of the district court,

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