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555 So. 2d 417

Randall v. State

District Court of Appeal of Florida

Decided December 20, 1989

District Court of Appeal of Florida · decided 1989-12-20

Relies on Daniels v. State

Decided 1989-12-20

PER CURIAM.

¶1The order denying appellant’s motion for post conviction relief is reversed. The sworn motion specifically incorporates the fact allegations that were sworn to in the accompanying memorandum. Therefore, Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984) is inapposite.

¶2On remand the trial court may either summarily deny the motion, attaching records which show that appellant is not entitled to relief, or hold an evidentiary hearing.

WALDEN, STONE and POLEN, JJ., concur.
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