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634 So. 2d 313

Bacallao v. State

District Court of Appeal of Florida · decided 1994-04-06

Decided 1994-04-06

PER CURIAM.

¶1In this appeal from summary denial of a motion for post-conviction relief we reverse and remand for the trial court either to hold an evidentiary hearing on appellant’s third claim for relief, or to attach to the order denying the motion those parts of the record that will conclusively demonstrate that appellant is not entitled to prevail on that claim.

¶2With reference to appellant’s fourth claim, we reverse for correction of the sentences as conceded by the state.

¶3In all other respects, we affirm the order on appeal.

¶4AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, GLICKSTEIN and STONE, JJ., concur.
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