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FISHER v. STATE

No. 2D09-167.

20 So.3d 1032 (2009)

Marshall FISHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 20, 2009.

Attorney(s) appearing for the Case

Brett D. McIntosh, Sarasota, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Marshall Fisher appeals the order summarily denying his petition to expunge certain criminal records pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.0585, Florida Statutes (2007). The trial court's order denying Fisher's petition stated merely that section 943.0585 provides that expunction of criminal history records is at the discretion of the court. We reverse and remand for a hearing on Fisher's petition.1...

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