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ROSS v. STATE

No. 99-1494.

742 So.2d 417 (1999)

Clinton ROSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 9, 1999.

Attorney(s) appearing for the Case

Clinton Ross, pro se, for Appellant.

Robert A. Butterworth, Attorney General; L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Clinton Ross appeals an order denying his Florida Rule of Criminal Procedure 3.850 motion challenging the consecutive imposition of habitual offender sentences, which Ross alleges arose out of the same criminal episode. We reverse.

According to Ross's sworn allegations, Ross filed a rule 3.850 motion in February 1997. The trial court denied this claim as untimely because Ross had filed it outside of the two-year filing window announced in State...

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