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788 So. 2d 200

788 So.2d 200

26 Fla.L.WeeklySupp. 84

Wells v. State

Supreme Court of Florida

Decided February 15, 2001

Supreme Court of Florida · decided 2001-02-15

Relies on 405 So. 2d 418 - Jollie v. State · 750 So. 2d 592 - Wood v. State · 756 So. 2d 42 - Peart v. State

Decided 2001-02-15

PER CURIAM.

¶1We have for review State v. Wells, 706 So.2d 934 (Fla. 3d DCA 1998), which is a per curiam decision citing Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998), quashed 756 So.2d 42 (Fla.2000), which was then pending review in this Court. We have jurisdiction. See Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981).

¶2Consistent with our decision in Wood v. State, 750 So.2d 592 (Fla.1999), we find that Wells’ ineffective assistance of counsel claim was properly raised in a petition for writ of error coram nobis. Accordingly, we quash the decision below and remand to the district court for consideration on the merits.

¶3It is so ordered.

SHAW, ANSTEAD, PARIENTE and LEWIS, JJ., concur.HARDING, J., concurs with an opinion.WELLS, C.J., and QUINCE, J., dissent.
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