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PHILLIPS v. STATE

No. 96-1327.

687 So.2d 915 (1997)

Roy PHILLIPS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 5, 1997.

Attorney(s) appearing for the Case

Roy Phillips, in pro. per.

Robert A. Butterworth, Attorney General, and Joni Braunstein, Assistant Attorney General, for appellee.

Before COPE, FLETCHER and SHEVIN, JJ.

On Motion for Rehearing

PER CURIAM.

The court grants appellant's motion for rehearing, withdraws its opinion dated August 14, 1996, and substitutes the following opinion:

Roy Phillips appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The motion was summarily denied. Under this Court's standard of review, "Unless the record shows conclusively that the appellant is entitled to no relief...

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