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BRINSON v. STATE

No. 2D07-3373.

995 So.2d 1047 (2008)

David BRINSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 2008.

Attorney(s) appearing for the Case

David Brinson, Jr., pro se.

Bill McCollum, Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

David Brinson, Jr., appeals the summary dismissal of his petition for writ of habeas corpus. We affirm the dismissal of claims one and two. We reverse and remand for further proceedings on claim three, in which Brinson asserted his violent career criminal (VCC) sentence for robbery is illegal because the trial court improperly used a prior conviction for battery on a law enforcement officer (BOLEO) as a qualifying offense. See § 775.084(1...

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