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154 So. 3d 1212

Williams v. State

District Court of Appeal of Florida

Decided January 16, 2015

District Court of Appeal of Florida · decided 2015-01-16

Relies on Simpson v. State

Decided 2015-01-16

PER CURIAM.

¶1In this postconviction case, we affirm in all respects, except the summary disposition on claim H, which relates to the affidavit of Deltinard Tousaint. The trial court erroneously determined that the facially sufficient affidavit should be disregarded because it probably would not be believed. Under the circumstances here, an evidentiary hearing is required. See Simpson v. State, 100 So.3d 1258 (Fla. 4th DCA2012).

¶2AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

TORPY, C.J., SAWAYA and COHEN, JJ., concur.
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