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ESQUIVEL v. STATE

No. 3D07-2591.

995 So.2d 575 (2008)

Juan Leal ESQUIVEL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied December 19, 2008.

Attorney(s) appearing for the Case

Juan Leal Esquivel, in proper person.

Bill McCollum, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.

Before RAMIREZ, WELLS, and ROTHENBERG, JJ.

ROTHENBERG, J.

The defendant, Juan Leal Esquivel ("Esquivel"), appeals the trial court's order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because we conclude that the record provided on appeal does not conclusively refute Esquivel's claims numbered 29, 30, 32, and 40, we reverse as to those four claims, with instructions to the trial court to either conduct an evidentiary hearing as to those claims, or...

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