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MOTES v. STATE

No. 96-2403.

684 So.2d 852 (1996)

Michael Allen MOTES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 13, 1996.

Attorney(s) appearing for the Case

Michael Allen Motes, Sanderson, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Motes appeals from a summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court ruled that since this was Motes' second rule 3.850 motion filed to collaterally attack his conviction for attempted first degree murder and it was filed more than two years after his judgment became final,1 it was both successive and untimely. We disagree, but affirm on other grounds.

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