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FREAR v. STATE

No. 1D00-3802.

789 So.2d 435 (2001)

James Charles FREAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 18, 2001.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Thomas H. Duffy, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We reverse the order denying the appellant's motion to vacate his conviction and sentence for possession of a firearm by a violent career criminal. The supreme court declared the underlying statute unconstitutional in State v. Thompson, 750 So.2d 643 (Fla.1999), and the appellant has asserted a timely challenge to the validity of the statute. Because the invalid conviction for possession of a firearm by a violent...

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