BAXTER v. STATE

No. 92-3922.

617 So.2d 338 (1993)

Rubin BAXTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 13, 1993.


Attorney(s) appearing for the Case

Appellant pro se.

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Rubin Baxter has appealed from an order of the trial court summarily denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We reverse in part and affirm in part.

On June 20, 1991, Baxter pled nolo contendere to aggravated battery in return for 7 years as an habitual offender. At the sentencing proceeding, Baxter orally stipulated that he qualified as...

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