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SIMMONS v. STATE

No. 5D00-3573.

777 So.2d 1217 (2001)

Ricky SIMMONS, etc., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 23, 2001.

Attorney(s) appearing for the Case

Ricky Simmons, Bowling Green, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

Appellant's motion for rehearing is granted. We withdraw our prior per curiam opinion and substitute the following opinion in its stead.

We reverse the lower court's order summarily denying appellant's motion for postconviction relief. Fla. R.Crim. P. 3.850. As argued by the appellant in his motion for rehearing below, Count II of the information charging felony...

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