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437 So. 2d 798

Hall v. Wainwright

District Court of Appeal of Florida

Decided September 21, 1983

District Court of Appeal of Florida · decided 1983-09-21

Decided 1983-09-21

HERSEY, Judge.

¶1We grant the petition for writ of habeas corpus to afford belated review of a summary denial of a motion for relief under Rule 3.850, Florida Rules of Criminal Procedure. Denial was based upon a ruling that ineffective assistance of counsel should have been raised by direct appeal and was therefore an inappropriate basis for a motion under the rule. This being a misconception of the law, we reverse and remand for a hearing on the merits of the motion.

¶2REVERSED.

GLICKSTEIN and WALDEN, JJ., concur.
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