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Doyle v. State
772 So. 2d 607
Fla. Dist. Ct. App.
2000
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*608 ON MOTION FOR REHEARING

GRIFFIN, J.

Appellant’s Motion for Rehearing is granted. We withdraw our prior opinion and substitute the following opinion in its stead.

We affirm the denial of appellant’s second Florida Rule of Criminal Procedure Rule 3.850 motion as successive. Appellant may, however, seek a belated appeal of the denial of his first rule 3.850 motion. See Allen v. State, 707 So.2d 381 (Fla. 5th DCA 1998).

AFFIRMED.

PETERSON and SAWAYA, JJ„ concur.

Case Details

Case Name: Doyle v. State
Court Name: District Court of Appeal of Florida
Date Published: Dec 8, 2000
Citation: 772 So. 2d 607
Docket Number: No. 5D00-1845
Court Abbreviation: Fla. Dist. Ct. App.
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