Ande Kibwika v. State of Florida

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ANDE KIBWIKA, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D13-1246 [June 24, 2015] Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 06-10155 CF10B. Ande Kibwika, Daytona Beach, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. We reverse the trial court’s order denying appellant’s motion for postconviction relief and remand this matter for further proceedings consistent with Falcon v. State, 40 Fla. L. Weekly S151 (Fla. Mar. 19, 2015), and Horsley v. State, 160 So. 3d 393 (Fla. 2015). Reversed and remanded. MAY, CIKLIN and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.

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