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VELEZ v. STATE

No. 3D11-1591.

77 So.3d 685 (2011)

Jimmy VELEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 9, 2011.

Attorney(s) appearing for the Case

Jimmy Velez , in proper person.

Pamela Jo Bondi , Attorney General, and Lunar Claire Alvey , Assistant Attorney General, for appellee.

Before WELLS, C.J., and SHEPHERD, and EMAS, JJ.

EMAS, J.

Jimmy Velez appeals the trial court's order denying, without evidentiary hearing, his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

In his motion, Velez asserted two claims of ineffective assistance of his trial counsel:

1. Trial counsel provided affirmative misadvice which caused Velez to reject a "favorable" plea offer and proceed to trial. Velez claims...

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