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749 So. 2d 1273

Mullis v. State

District Court of Appeal of Florida

Decided February 16, 2000

District Court of Appeal of Florida · decided 2000-02-16

Relies on 728 So. 2d 828 - D.A.C. v. State

Decided 2000-02-16

PER CURIAM.

¶1We reverse the order summarily denying defendant’s motion for post-conviction relief. Fla. R.Crim. P. 3.850. The record does not conclusively show that defendant was not entitled to relief on the voluntary intoxication ground. See Joyner v. State, 728 So.2d 829 (Fla. 3d DCA 1999). We therefore reverse the order and remand for an evidentiary hearing.

¶2Reversed and remanded.

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