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STATE v. BOUCHARD

No. 2D03-4928.

922 So.2d 424 (2006)

STATE of Florida, Appellant, v. Steven BOUCHARD, Appellee.

District Court of Appeal of Florida, Second District.

March 10, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellee.

EN BANC

SILBERMAN, Judge.

This is the second appeal resulting from the postconviction court's consideration of Steven Bouchard's motion for postconviction relief. The State appeals the order summarily granting Bouchard's motion. We consider this case en banc in order to recede from our holding in Van Loan v. State, 872 So.2d 330 (Fla. 2d DCA 2004), as to the appropriate standard to be used to determine prejudice in a claim for ineffective...

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