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744 So. 2d 1021

Washington v. State

District Court of Appeal of Florida

Decided August 27, 1997

District Court of Appeal of Florida · decided 1997-08-27

Decided 1997-08-27

PER CURIAM.

¶1AFFIRMED.

GLICKSTEIN and WARNER, JJ., concur.POLEN, J., concurs specially with opinion.
POLEN, Judge,

¶2concurring specially.

¶3I agree with the majority’s per curiam affirmance of the trial court’s denial of Washington’s motion for relief under rule 3.850; however, I would affirm without prejudice to appellant’s filing a new 3.850 motion, properly sworn, as to his unsworn allegation he was without knowledge of the state’s intent to habitualize him at the time he entered his plea.

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