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KIRKLAND v. STATE

No. 2D10-6068.

71 So.3d 254 (2011)

Gabriel KIRKLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 12, 2011.

Attorney(s) appearing for the Case

Gabriel Kirkland , pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Gabriel Kirkland appeals the postconviction court's order denying his timely motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for the postconviction court to strike the prison releasee reoffender designation from his sentences for battery on a law enforcement officer.

On April 13, 2009, Kirkland pleaded guilty to driving with a suspended license (count one), fleeing or attempting...

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