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MERRITT v. STATE

No. 3D11-148.

68 So.3d 936 (2011)

Arold MERRITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 21, 2011.

Attorney(s) appearing for the Case

Arold Merritt , in proper person.

Pamela Jo Bondi , Attorney General, and Linda S. Katz , Assistant Attorney General, for appellee.

Before SUAREZ, CORTIÑAS, and EMAS, JJ.

EMAS, J.

Arold Merritt ("Merritt") seeks review of the trial court's order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. For the reasons that follow, we reverse and remand this cause to the trial court with directions to conduct an evidentiary hearing.

FACTS AND PROCEDURAL BACKGROUND

Merritt was arrested in 1994 and charged with first-degree murder, two

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