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WOLDSETH v. STATE

No. 2D06-2347.

974 So.2d 423 (2007)

James Reilly WOLDSETH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 19, 2007.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

James Reilly Woldseth appeals the order of the postconviction court denying his motion to vacate, set aside, or correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the portion of the order denying Woldseth's rule 3.850 motion; however, we agree with Woldseth that the postconviction court should have allowed him to amend his motion to include two additional...

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