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TEDDER v. STATE

No. 86-701.

495 So.2d 276 (1986)

Mack Reed TEDDER, II, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 2, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellant, Mack R. Tedder, who is serving a life sentence for murder, filed a pro se 3.850 motion below, which was summarily denied on the basis of laches. See Tolar v. State, 196 So.2d 1 (Fla. 4th DCA 1967). Laches, however, requires a showing of prejudice to the state. See Remp v. State, 248 So.2d 677 (Fla. 1st DCA 1970). There was no such showing here....

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