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ADAMS v. STATE

No. 3D04-2042.

957 So.2d 1183 (2006)

Danny ADAMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied May 24, 2007.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jones, Assistant Public Defender.

Charles J. Crist, Jr., Attorney General, and Michael E. Hantman, Assistant Attorney General, for appellee.

Before GREEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied May 24, 2007.

GREEN, J.

The defendant, Danny Adams, appeals from the denial of his rule 3.850 motion for post-conviction relief. We treat this appeal as a petition for common law habeas corpus, and grant the same.

Facts:

In 1989 Danny was charged with second degree murder. Upon defense counsel's motion, the trial court ordered a psychological evaluation to determine whether Danny was...

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