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McDOWELL v. STATE

No. 2D08-3938.

25 So.3d 1257 (2010)

Clement A. McDOWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and J.L. Perez, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.

MORRIS, Judge.

Clement A. McDowell appeals the nonsummary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court erred by proceeding with the evidentiary hearing without permitting McDowell an opportunity to be present at the hearing to present his testimony and to assist in cross-examination, we reverse and remand.

In ground one of his motion, McDowell...

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