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ROBINSON v. STATE

No. 79-2395.

390 So.2d 755 (1980)

Henry E. ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 10, 1980.

Attorney(s) appearing for the Case

J. Craig Williams, Jacksonville, for appellant.

No appearance for appellee.

PER CURIAM.

Affirmed.

MOORE and HERSEY, JJ., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge, dissenting.

I respectfully dissent. The trial court denied defendant's motion for post conviction relief without conducting an evidentiary hearing. Since I am unable to find that the "record shows conclusively that the appellant is entitled to no relief," Rule 9.140(g), Fla.R.App.P., I believe...

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