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O'LEARY v. STATE

No. 2D08-1830.

2 So.3d 358 (2008)

Patrick O'LEARY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 18, 2009.

Attorney(s) appearing for the Case

Patrick O' Leary, pro se.

Bill McCollum, Attorney General, Tallahassee, and Johnathan P. Hurley, Assistant Attorney General, Tampa, for Respondent.

KELLY, Judge.

We deny Patrick O'Leary's petition alleging ineffective assistance of appellate counsel filed pursuant to Florida Rule of Appellate Procedure 9.141(c). We write only to address the State's argument that O'Leary cannot establish that he was prejudiced by appellate counsel's failure to file a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error with regard to the allegedly improper inclusion of victim injury points on the sentencing...

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