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BORGHESE v. STATE

No. 96-3287.

694 So.2d 148 (1997)

Peter Anthony BORGHESE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 4, 1997.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General; Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Peter Anthony Borghese (Borghese) appeals the denial of his first motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. We reverse.

Borghese pleaded guilty to burglary of a structure and burglary of a dwelling. On October 13, 1993, Borghese was sentenced as an habitual felony offender to ten years in prison. He took no appeal; his conviction thus became final on November 12, 1993. Gust...

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