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VIERA v. STATE

No. 3D11-2715.

117 So.3d 1124 (2012)

Nelson VIERA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 22, 2012.

Attorney(s) appearing for the Case

Nelson Viera , in proper person.

Pamela Jo Bondi , Attorney General, for appellee.

Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.

SUAREZ, J.

Nelson Viera seeks appeal from a September 20, 2011, order that failed to address the issues set forth in an underlying post-conviction petition filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

The September 20, 2011, order on appeal denied relief based on a sentencing issue previously raised and determined on appeal.1 That issue was not raised in the Rule 3.850 petition that was filed by the defendant...

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