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PAYNE v. STATE

No. 5D09-865.

21 So.3d 900 (2009)

Trevor PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 6, 2009.

Attorney(s) appearing for the Case

Brian N. Onek, of Onek and Mawn, P.A., Melbourne, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We reverse the trial court's summary denial of Appellant's first, third, fifth, and eighth claims in the instant rule 3.850 proceeding as the trial court has failed to conclusively refute the allegations raised therein. We find that these four claims must be resolved in an evidentiary hearing.

In his first claim, Appellant alleged that defense counsel was ineffective for failing to call Matthew Thomas...

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