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Florida District Courts of Appeal, 1994

Rosario v. State

Rosario v. State
Florida District Courts of Appeal · Decided July 20, 1994 · Gunther, Pariente, Polen
639 So. 2d 201; 1994 Fla. App. LEXIS 7097; 1994 WL 375777 (Southern Reporter, Second Series)

Rosario v. State

Opinion of the Court

POLEN, Judge.

We reverse and remand for an evidentiary hearing on the trial court’s denial of appellant’s criminal rule 3.850 motion. Although the trial court did include in its order of denial references to the record which was attached, these references do not establish conclusively that appellant is not entitled to relief. Therefore we reverse.

PARIENTE, J., concurs. GUNTHER, J., dissents without opinion.

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