VENERO V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003 MARIO VENERO, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D02-3387 ** LOWER TRIBUNAL NO. 97-34954 ** Opinion filed March 31, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Ileana Haedo, for appellee. Charles J. Crist, Jr., Attorney General, and Mielke, Assistant Attorney General, for appellee. Thomas C. Before COPE, SHEVIN and WELLS, JJ. PER CURIAM. We reverse, in part, the order denying defendant s postconviction relief motion. The record does not conclusively refute defendant s claim that counsel was ineffective for failing to move to sever the possession of a firearm by a violent career criminal charge. Therefore, we reverse the portion of the order denying relief on that basis and remand for an evidentiary hearing. Affirmed in part; reversed in part and remanded. -2-

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