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FUNDERBURK v. STATE

No. 5D03-1964.

849 So.2d 1145 (2003)

Elvis Doyle FUNDERBURK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 18, 2003.

Attorney(s) appearing for the Case

Elvis Doyle Funderburk, Daytona Beach, pro se.

No Appearance for Appellee.

PER CURIAM.

We affirm the trial court's denial of Elvis Doyle Funderburk's motion pursuant to Florida Rule of Criminal Procedure 3.800(a) in accord with Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), but again certify conflict with Green v. State, 839 So.2d 748 (Fla. 2d DCA 2003).

AFFIRMED.

PETERSON, GRIFFIN and TORPY...

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