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CASSEUS v. STATE

No. 87-969.

509 So.2d 965 (1987)

Joseph CASSEUS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 30, 1987.

Attorney(s) appearing for the Case

Joseph Casseus, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before NESBITT, BASKIN and JORGENSON, JJ.

PER CURIAM.

For the following reasons, we vacate the trial court's second order denying Casseus's motion to vacate his conviction and sentence pursuant to Florida Rule of Criminal Procedure 3.850. First, because the state had appealed the decision of this court reported as Casseus v. State, 508 So.2d 1251 (Fla. 3d DCA 1987), to the supreme court, the trial court was without jurisdiction to enter a second order denying the...

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