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TORRES v. STATE

No. 3D03-3336.

879 So.2d 1254 (2004)

Fermin TORRES, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Dismissed August 11, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for petitioner.

Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and COPE and WELLS, JJ.

PER CURIAM.

Fermin Torres has filed a timely petition in this court alleging ineffective assistance of appellate counsel. See Fla. R.App. P. 9.141(c). The State has properly conceded that the petition has merit. We therefore remand for a new sentencing hearing.

Defendant-petitioner Torres was convicted of second degree murder with a firearm, and unlawful possession of a firearm while committing a felony....

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