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BYRD v. STATE

No. 3D99-2634.

754 So.2d 191 (2000)

Gregory Clement BYRD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 12, 2000.

Attorney(s) appearing for the Case

Gregory Clement Byrd, in proper person.

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SHEVIN, J., and NESBITT, Senior Judge.

PER CURIAM.

We reverse the order denying defendant's motion for post conviction relief. As properly conceded by the state, the court erred in applying a four-year statute of limitations: Defendant was convicted of aggravated battery with a firearm, a second degree rather than a first degree felony. See Lareau v. State, 573 So.2d 813 (Fla.1991); Torris v. State, 611 So.2d 57 (Fla...

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