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DUNCAN v. STATE

Case No. 2D16-2625.

232 So.3d 450 (2017)

James S. DUNCAN, DOC #165332, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Opinion filed April 21, 2017.

Attorney(s) appearing for the Case

Lisabeth J. Fryer of Lisabeth J. Fryer, P.A., Winter Park; and William R. Ponall , Ponall Law, Maitland, for Appellant.

James Duncan appeals from the summary denial1 of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. Because Mr. Duncan's newly discovered evidence claim was not conclusively refuted by the record and the postconviction court relied upon evidence outside the record...

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