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GARCIA v. STATE

No. 2D08-3293.

10 So.3d 687 (2009)

Eduardo GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 6, 2009.

Attorney(s) appearing for the Case

Eduardo Garcia, pro se.

CASANUEVA, Judge.

Eduardo Garcia appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of his ineffective assistance of counsel claim without comment. However, we reverse and remand for the postconviction court to hold an evidentiary hearing on Mr. Garcia's facially sufficient claim concerning the sentence the trial court ultimately imposed after Mr. Garcia failed to appear for his originally scheduled...

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