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HAMILTON v. STATE

No. 1D07-5130.

996 So.2d 964 (2008)

Terry HAMILTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 24, 2008.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

BENTON, J.

Terry Hamilton appeals summary denial of two claims he raised in a motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of one claim, but reverse and remand as to the other.

Citing Hale v. State, 630 So.2d 521 (Fla. 1993), Mr. Hamilton contends the court below erred in ruling lawful the sentencing court...

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