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392 So. 2d 1036

Hartley v. State

District Court of Appeal of Florida

Decided January 28, 1981

District Court of Appeal of Florida · decided 1981-01-28

Decided 1981-01-28

PER CURIAM.

¶1We reverse and set aside the summary denial of appellant’s Rule 3.850 motion. The lower judge erroneously noted under his denial that the case was on appeal and he apparently denied the motion, believing that he was without jurisdiction to hear it. Because no appeal appears in this case we remand to the lower court for an evidentia-ry hearing on appellant’s Rule 3.850 motion.

¶2REVERSED and REMANDED.

BOARDMAN, Acting C. J., and OTT and CAMPBELL, JJ., concur.
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