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BABER v. STATE

No. 4D99-4014.

776 So.2d 309 (2000)

Curt BABER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 2, 2001.

Attorney(s) appearing for the Case

Fred Haddad of Haddad & Hester, P.A., Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for respondent.

GROSS, J.

This case involves Curt Baber's petition for writ of habeas corpus alleging ineffective assistance of counsel for failure to raise on direct appeal the issue of the state's improper use of a peremptory challenge.

In Baber v. State, 696 So.2d 490, 491 (Fla. 4th DCA 1997), this court reversed the trial court's denial of appellant's Rule 3.850 motion on the ground that the court lacked subject matter jurisdiction...

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