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FISHER v. STATE

No. 2D12-3256.

129 So.3d 468 (2014)

Stephen P. FISHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 3, 2014.

Attorney(s) appearing for the Case

Stephen P. Fisher, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Elba Caridad Martin-Schomaker , Assistant Attorney General, Tampa, for Appellee.

DAVIS, Chief Judge.

Stephen P. Fisher, pro se, challenges the postconviction court's denial of his Florida Rule of Criminal Procedure 3.850 motion. We affirm the denial after evidentiary hearing of Fisher's claims of ineffective assistance of counsel without comment. However, as the State properly concedes, the trial court improperly sentenced Fisher on the underlying offenses as a violent career criminal. Accordingly, we reverse the denial of that claim and remand...

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