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VINES v. STATE

No. 1D11-0361.

70 So.3d 672 (2011)

Michael VINES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 18, 2011.

Attorney(s) appearing for the Case

Michael Vines , pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Christine Ann Guard , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Michael Vines appeals the summary denial of his Rule 3.850 motion claiming ineffective assistance of counsel on six grounds. We affirm, without discussion, the trial court's denial of grounds 2, 5 and 6. But we reverse the denial of grounds 1, 3 and 4 because the court erroneously relied on defense counsel's affidavit to refute Vines's claims. See Morris v. State, 624 So.2d 864, 865 (Fla. 2d DCA 1993) ("[A]ffidavits...

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