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FERGUSON v. STATE

No. 5D03-1362.

855 So.2d 193 (2003)

Roger Lee FERGUSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 12, 2003.

Attorney(s) appearing for the Case

Roger Lee Ferguson, Raiford, pro se.

No Appearance for Appellee.

ON MOTION FOR REHEARING

GRIFFIN, J.

Appellant, Roger Lee Ferguson ["Ferguson"], seeks rehearing of our per curiam affirmance of the summary denial of his second rule 3.850 motion. We grant the motion for rehearing, withdraw our previous decision, and reverse the appealed order.

Ferguson was charged with aggravated assault with a deadly weapon, battery and aggravated assault. Ferguson was tried, convicted and sentenced as an habitual offender...

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