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Florida District Courts of Appeal, 2001

Dobi v. State

Dobi v. State
Florida District Courts of Appeal · Decided January 19, 2001 · Harris, Sawaya, Sharp
775 So. 2d 434; 2001 Fla. App. LEXIS 353; 2001 WL 43073 (Southern Reporter, Second Series)

Dobi v. State

Opinion of the Court

PER CURIAM.

As we did in Dobi v. State, No. 5D00-2422, 771 So.2d 1177 (Fla. 5th DCA Nov.7, 2000), we reverse the dismissal of appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850, which raises a claim under Peart v. State, 756 So.2d 42 (Fla. 2000) and remand for the trial court either to attach records refuting the claim or hold an evidentiary hearing.

REVERSED and REMANDED.

SHARP, W., HARRIS and SAWAYA, JJ., concur.

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