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BENJAMIN v. STATE

No. 4D09-264.

14 So.3d 288 (2009)

Henry J. BENJAMIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 5, 2009.

Attorney(s) appearing for the Case

Henry J. Benjamin, Miami, pro se.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Henry J. Benjamin appeals an order dismissing, as to one of two lower tribunal cases, his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for the trial court to consider the motion on the merits.

Appellant's motion was filed in connection with both a 2001 case and a 2003 case. The trial court dismissed the motion in connection with the...

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