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844 So. 2d 777

Taylor v. State

District Court of Appeal of Florida · decided 2003-05-14

Relies on 827 So. 2d 948 - McLin v. State

Decided 2003-05-14

¶1*778On Motion for Rehearing Granted

PER CURIAM.

¶2We grant defendant’s motion for rehearing, reverse in part the order denying his motion for postconviction relief, and remand this matter to the trial court for an evidentiary hearing on points two and five of defendant’s motion. See McLin v. State, 827 So.2d 948 (Fla.2002) (holding that where no evidentiary hearing on ineffective assistance of counsel is held below, appellate court must accept defendant’s factual allegations to the extent they are not refuted by the record). We affirm the trial court’s order as to the remaining issues raised.

¶3Affirmed in part; reversed in part; remanded for an evidentiary hearing.

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