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SMITH v. STATE

No. 4D07-986.

968 So.2d 675 (2007)

Fabian SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 14, 2007.

Attorney(s) appearing for the Case

Fabian Smith, Arcadia, pro se.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Fabian Smith (Defendant) appeals an order summarily denying his motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, except for his third ground, which the state conceded, and the order entered denying his motion for rehearing. We reverse and remand.

While Defendant was on probation in three 2000 cases, he was charged with committing additional offenses in three new cases, two charging offenses committed...

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