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DESMOKE v. STATE

No. 2D05-2775.

912 So.2d 1284 (2005)

Phillip DESMOKE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

November 4, 2005.

Attorney(s) appearing for the Case

Phillip Desmoke, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Phillip Desmoke, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective for failing to raise on direct appeal the claim that his sentence as a prison releasee reoffender (PRR) was imposed in violation of the ex post facto clauses of the Florida and United States Constitutions. We agree. We therefore grant the petition, reverse Desmoke's sentence, and remand for resentencing...

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