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STATE v. JOHNSON

No. 2D12-2119.

161 So.3d 454 (2014)

STATE of Florida, Appellant/Cross-Appellee, v. Dennis JOHNSON, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

June 6, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Cerese Crawford Taylor , Assistant Attorney General, Tampa, for Appellant/Cross-Appellee.

Howard L. Dimmig, II , Public Defender, and Alisa Smith , Assistant Public Defender, Bartow, for Appellee/Cross-Appellant.

The State appeals from an order that granted, in part, Dennis Johnson's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, vacated his judgment and sentence for aggravated battery, and granted him a new trial. Because we agree with the State that the postconviction court erred in

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