PEREIRA V. STATE

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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 JANUARY TERM, A.D. 2004 CIRO MIGUEL PEREIRA, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D03-1400 ** LOWER TRIBUNAL NO. 98-18553 ** Opinion filed January 21, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Miami-Dade County, Lawrence A. Schwartz, Judge. Paul J. Kneski, for appellant. Charles J. Crist, Jr., Attorney General, and Mielke, Assistant Attorney General, for appellee. Thomas C. Before COPE, LEVY and SHEVIN, JJ. SHEVIN, Judge. We reverse the order denying defendant s motion for postconviction relief, and remand this matter to the trial court for an evidentiary hearing on grounds of ineffective assistance of trial counsel raised in defendant's motion. See McLin v. State, 827 So. 2d 948 (Fla. 2002) (where no evidentiary hearing held on ineffective assistance of counsel appellate court must accept defendant's factual allegations to the extent they are not refuted by the record). We affirm the trial court's order as to the remaining issues raised. Affirmed in part, reversed in part, and remanded for an evidentiary hearing.

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