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HERNANDEZ v. STATE

No. 3D08-1595.

30 So.3d 610 (2010)

Luis A. HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 10, 2010.

Attorney(s) appearing for the Case

Luis A. Hernandez, in proper person; Carlos J. Martinez, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Ansley B. Peacock, Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., and GERSTEN and CORTIÑAS, JJ.

PER CURIAM.

Luis A. Hernandez ("Hernandez") appeals from the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm in part and reverse in part.

The State charged and tried Hernandez for, among other crimes, aggravated battery. The aggravated battery count of the information alleged that Hernandez "commit[ted] an aggravated battery upon [victim] by actually and intentionally touching or striking the person of [victim...

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