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JOHNSON v. STATE

No. 2D03-1516.

862 So.2d 12 (2003)

William H. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 12, 2003.

Attorney(s) appearing for the Case

Stephen K. Johnson of Stephen K. Johnson, P.A., Gainesville, for Appellant.

CANADY, Judge.

William H. Johnson challenges the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and his petition for writ of habeas corpus. We affirm without comment the denial of his rule 3.850 motion. Because Johnson makes a facially sufficient claim that his attorney agreed to file a postconviction motion on his behalf but failed to do so in a timely manner, we reverse the trial court's denial of the petition...

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