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McINTOSH v. STATE

No. 2D04-3777.

941 So.2d 1 (2006)

James M. McINTOSH, a/k/a James McIntosh, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 6, 2006.

Attorney(s) appearing for the Case

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

James McIntosh appeals a final order denying his motion for postconviction relief in which he raised seven grounds of ineffectiveness of counsel. We conclude that two of the grounds involve deficient performance by his trial counsel. Although the issue is close, we also conclude that Mr. McIntosh has established the degree of prejudice that warrants a new trial in this case. See Strickland v. Washington...

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