STATE V. MIRANDA

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 MADUABUCHUKU IROH, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D00-3613 ** LOWER TRIBUNAL NO. 98-13771 ** Opinion filed July 18, 2001. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Peter R. Lopez, Judge. Maduabuchuku Iroh, in proper person. Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee. Before JORGENSON, COPE and GREEN, JJ. PER CURIAM. Maduabuchuku Iroh appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. As the record does not conclusively refute appellant s sworn claim that his counsel was ineffective for misadvising him that duress was not a defense in his case, we remand for an evidentiary hearing. Fla. R. App. P. 9.141(b)(2)(D); see State v. Nieto, 761 So. 2d 467 (Fla. 3d DCA 2000); Fla. Stat. Jury Instr. (Crim.) 3.04(i). We express no opinion on the ultimate merits but conclude that appellant s sworn allegations are sufficient to call for an evidentiary hearing. Reversed and remanded for further proceedings consistent herewith. 2

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