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SALDANE v. STATE

No. 3D06-187.

923 So.2d 1198 (2006)

Jose Miguel SALDANE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 15, 2006.

Attorney(s) appearing for the Case

Jose Miguel Saldane, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

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

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). The appellant contends that he does not qualify as a habitual offender. See Bover v. State, 797 So.2d 1246 (Fla.2001). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to...

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