OBAYA v. STATE

No. 98-2064.

723 So.2d 924 (1999)

Alberto J. OBAYA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 13, 1999.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Terri Leon-Benner, Assistant Attorney General, for appellee.

Before JORGENSON, LEVY, and GERSTEN, JJ.


PER CURIAM.

Alberto Obaya ("the defendant") appeals the summary denial of his motion for post conviction relief under Florida Rule of Criminal Procedure 3.850. For the following reasons we reverse.

In 1993, the defendant pled no contest to a charge of burglary of an unoccupied dwelling and was sentenced to a term of nine years. While on community control in 1996, the defendant was arrested for possession of a firearm by a convicted felon. The defendant entered...

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