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384 So. 2d 952

Porter v. State

District Court of Appeal of Florida · decided 1980-06-18

Relies on 384 So. 2d 736 - Jones v. State

Decided 1980-06-18

PER CURIAM.

¶1Defendant/appellant takes this appeal pursuant to Rule 9.140(g), Fla.R.App.P., following the denial of his 3.850 motion without an evidentiary hearing. Since the record fails to conclusively show that the appellant is entitled to no relief, the order is reversed and the cause is remanded for an evidentiary hearing. See, Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

¶2REVERSED AND REMANDED.

DOWNEY, HERSEY and HURLEY, JJ., concur.
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