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419 So. 2d 1105

Bennett v. State

District Court of Appeal of Florida · decided 1982-08-04

Decided 1982-08-04

PER CURIAM.

¶1AFFIRMED.

DAUKSCH, COBB and FRANK D. UP-CHURCH; JJ., concur.

¶2ON PETITION FOR REHEARING

DAUKSCH, Judge.

¶3In his Petition for Rehearing appellant correctly points out we should have ordered the trial court to hold an evidentiary hearing to determine the truth and substance of appellant’s allegations that he was denied effective assistance of counsel at trial.

¶4The order denying the motion for post conviction relief is reversed and this cause is remanded for an evidentiary hearing and an order, with findings of fact, either granting or denying the said motion.

¶5REVERSED AND REMANDED.

¶6COBB and FRANK D. UPCHURCH, JJ., concur.

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