CARTER v. STATE

No. 97-2235.

704 So.2d 1068 (1997)

Wade CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 6, 1998.


Attorney(s) appearing for the Case

Wade Carter, Daytona Beach, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, Chief Judge.

Appellant seeks review of the summary denial of his Rule 3.800(a) motion. In 1986, Appellant was tried and convicted of second degree murder with a deadly weapon, attempted second degree murder with a deadly weapon and battery. A written order of upward departure was entered, and he was sentenced as a habitual felony offender to forty years for count I, thirty years for count II and one year as to count III, all to be served concurrently. Defendant...

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