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165 So. 2d 219

Bennett v. State

District Court of Appeal of Florida · decided 1964-06-12

Decided 1964-06-12

PER CURIAM.

¶1The petition of the defendant, Jimmy Dell Bennett, alleges a prima facie right to hearing under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Recitals in *220the court’s order denying such hearing which are not shown to be a part of the record are not sufficient basis upon which to deny hearing.

¶2Reversed.

SMITH, C. J., and WHITE and ANDREWS, JJ., concur.
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