JOHNSON v. STATE

No. 4D03-776.

851 So.2d 785 (2003)

Victor JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 26, 2003.


Attorney(s) appearing for the Case

Victor Johnson, Florida City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant seeks review of an order that denied his rule 3.850 motion for post-conviction relief. Appellant challenged his sentence as illegal because there was no factual basis to support a finding that the starter pistol qualified as a firearm in support of the three year minimum mandatory sentence. We reverse and remand for the trial court to consider the merits of Appellant's rule 3.850 motion challenging the factual basis for the imposition of his...

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