KAMINSKY v. STATE

No. 98-2497.

732 So.2d 443 (1999)

Sheldon I. KAMINSKY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 3, 1999.


Attorney(s) appearing for the Case

Sheldon I. Kaminsky, Wewahitchka, pro se.

Robert A. Butterworth, Attorney General, Tallahassee and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant moved for postconviction relief, claiming that his habitual violent offender sentence for two armed burglaries was illegal because the offenses were not committed within five years of a prior qualifying felony or within five years of being released from prison on a sentence imposed as a result of a prior enumerated felony. The trial court summarily denied relief. We reverse for an evidentiary hearing.

At a change of plea hearing at which...

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