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GRAHAM v. STATE

No. 2D03-3009.

865 So.2d 636 (2004)

Johnnie Mack GRAHAM, JR., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

February 11, 2004.

Attorney(s) appearing for the Case

Johnnie Mack Graham, Jr., pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Respondent.

FULMER, Judge.

Johnnie Mack Graham, Jr., has filed a petition alleging ineffective assistance of appellate counsel filed pursuant to Florida Rule of Appellate Procedure 9.141(c). Graham raises two issues, only one of which has merit, and upon which we grant relief.

On June 26, 2000, Graham was convicted of a second-degree murder committed on August 16, 1998. His sentence points totaled 361.8 and the maximum recommended sentence under the guidelines was 417...

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