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GUNN v. STATE

No. 92-3112.

612 So.2d 643 (1993)

Dexter GUNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing and/or Certification Denied February 26, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

Rehearing, Rehearing En Banc and/or Certification Denied February 26, 1993.

PER CURIAM.

This is an appeal from an order denying without hearing a rule 3.850 motion. We reverse and remand for an evidentiary hearing.

Appellant changed his plea during a criminal proceeding against him (as did also a codefendant), which was almost completed. He was "habitualized" as a violent habitual offender and sentenced to forty years in prison, being eligible for...

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