CARRUTHERS v. STATE

No. 4D09-2254.

42 So.3d 337 (2010)

Joseph CARRUTHERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 18, 2010.


Attorney(s) appearing for the Case

Joseph Carruthers , Arcadia, pro se.

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


PER CURIAM.

Joseph Carruthers (Defendant) appeals an order summarily denying his rule 3.850 motion for postconviction relief, and the order denying his motion for rehearing. We reverse.

Defendant entered a plea of nolo contendere and was sentenced to fifteen years and a day as a habitual felony offender (HFO), with a fifteen-year mandatory minimum as a prison releasee reoffender (PRR).

In the instant motion for postconviction relief, Defendant raised...

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