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JOHNSON v. STATE

No. 2D07-2620.

977 So.2d 661 (2008)

Dwayne JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 2, 2008.

Attorney(s) appearing for the Case

Robyn M. Blake of Robyn M. Blake, P.A., Miami, for Appellant.

VILLANTI, Judge.

Dwayne L. Johnson appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of Johnson's first claim without comment. We reverse the denial of claim two and remand with instructions.

Johnson was convicted by a jury of one count of escape and one count of battery on a law enforcement officer (BOLEO). The State served a notice of its intent to seek to have Johnson sentenced as...

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