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PARKER v. STATE

No. 5D05-1021.

906 So.2d 1273 (2005)

Nathan B. PARKER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

July 29, 2005.

Attorney(s) appearing for the Case

Nathan B. Parker, Malone, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and LaMya A. Henry, Assistant Attorney General, Daytona Beach, for Respondent.

PETERSON, J.

Nathan B. Parker seeks a belated appeal, pursuant to Florida Rule of Appellate Procedure 9.141(c), alleging ineffective assistance of appellate counsel.

A jury convicted Parker of home invasion robbery while armed with a deadly weapon.1 Recognizing that enhancement of a defendant's sentence is impermissible unless a defendant actually possesses a weapon during the commission of a crime, defense counsel at trial moved...

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