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MAXWELL v. STATE

No. 5D04-2903.

888 So.2d 152 (2004)

Mark Jack MAXWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 2004.

Attorney(s) appearing for the Case

Mark J. Maxwell, Lowell, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

The defendant appeals the dismissal of his 3.850 motion for post-conviction relief. The trial court found it to be untimely. The defendant was convicted of a felony driving offense and was sentenced to ten years. The defendant's judgment and sentence were affirmed by written opinion on August 17, 2001. See Maxwell v. State, 791 So.2d 1230 (Fla. 5th DCA 2001). The mandate issued on September 6, 2001. The defendant...

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