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TURPIN v. STATE

No. 94-1943.

651 So.2d 176 (1995)

Kevin L. TURPIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 30, 1995.

Attorney(s) appearing for the Case

Kevin L. Turpin, pro se.

No appearance, for appellee.

ERVIN, Judge.

We reverse the trial court's denial of Turpin's motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Although Turpin pled guilty to armed burglary and agreed to a prison sentence with a mandatory three-year minimum for use of a firearm, this did not constitute an admission that he was in actual possession of a firearm. Bell v. State, 589 So.2d 1374 (Fla. 1st DCA 1991). A defendant must actually...

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