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MARSH v. STATE

District Court of Appeal of Florida, Third District.
Jan 23, 2002

PER CURIAM.

We reverse the order denying defendant's post-conviction relief motion and remand for an evidentiary hearing on defendant's involuntary plea claim because "we do not agree that the motion, files and records conclusively show that [defendant] is not entitled to any relief." Jones v. State, 478 So.2d 346, 347 (Fla. 1985); Fla.R.Crim.P. 3.850. This opinion expresses no view on how the merits of this matter should be decided by the trial court.

Reversed and remanded for evidentiary hearing.