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GARCIA v. STATE

No. 3D11-937.

69 So.3d 1003 (2011)

Osvaldo GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 7, 2011.

Attorney(s) appearing for the Case

Osvaldo Garcia , in proper person.

Pamela Jo Bondi , Attorney General, Tampa, for appellee.

Before RAMIREZ, SUAREZ, and SALTER, JJ.

SUAREZ, J.

Osvaldo Garcia appeals from the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800. We reverse.

Garcia alleged below that he was sentenced illegally to consecutive minimum mandatory sentences for firearm use arising out of a single criminal episode.1 In 1999, Garcia raised this illegal sentencing issue in a petition mislabeled and filed as a Florida Rule of Criminal...

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