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GALLAGHER v. STATE

No. 4D04-2591.

909 So.2d 463 (2005)

Kevin GALLAGHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 24, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good-Earnest and Marcy K. Allen, Assistant Public Defenders, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Y. McIntire and Richard Valuntas, Assistant Attorneys General, West Palm Beach, for appellee.

PER CURIAM.

Kevin Gallagher filed a rule 3.850 motion raising several challenges. We reverse and remand for further proceedings in connection with his seventh point, which we find legally sufficient. See Grosvenor v. State, 874 So.2d 1176 (Fla.), cert. denied, ___ U.S. ___, 125 S.Ct. 627, 160 L.Ed.2d 458 (2004). The remaining issues were properly denied.

STEVENSON, C.J., GUNTHER and HAZOURI...

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