CHERRY v. STATE

No. 91-1129.

590 So.2d 494 (1991)

Sam CHERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 2, 1991.


Attorney(s) appearing for the Case

Appellant pro se.

No appearance for appellee.


PER CURIAM.

Sam Cherry has appealed from an order of the trial court summarily denying his motion for post-conviction relief, filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand for further proceedings under the rule.

In December 1989, Cherry pled nolo contendere to dealing in stolen property in return for a nine year sentence as an habitual offender. He appealed to this court, challenging the constitutionality of the habitual...

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