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HAAG v. STATE

No. 90-1961.

570 So.2d 1145 (1990)

James J. HAAG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 1990.

Attorney(s) appearing for the Case

James J. Haag, Raiford, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michael H. Greenfield, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the summary denial of appellant's 3.850 motion on the basis of untimeliness. However, we certify to the Supreme Court of Florida, as one of great public importance, the following question:

Does the rule 3.850 provision which states that with certain exceptions "no other motion shall be filed or considered pursuant to this rule if filed more than two years after the judgment and sentence become final" prevent consideration of such a motion...

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