VENERO v. STATE

No. 3D02-3387.

868 So.2d 679 (2004)

Mario VENERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 31, 2004.


Attorney(s) appearing for the Case

Ileana Haedo, for appellee.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before COPE, SHEVIN and WELLS, JJ.


Prior report: 741 So.2d 1189.

PER CURIAM.

We reverse, in part, the order denying defendant's post-conviction relief motion. The record does not conclusively refute defendant's claim that counsel was ineffective for failing to move to sever the possession of a firearm by a violent career criminal charge. Therefore, we reverse the portion of the order denying relief on that basis and remand for an evidentiary hearing.

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