CARACCIOLO v. STATE

No. 89-2734.

564 So.2d 1163 (1990)

Anthony CARACCIOLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 23, 1990.


Attorney(s) appearing for the Case

Anthony Caracciolo, Miami, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.


ON REHEARING

PER CURIAM.

Appellant seeks review of a denial of his rule 3.850 motion below. This court on December 6, 1989, had per curiam affirmed the trial court's denial of appellant's motion on the basis that the motion was untimely filed. In his motion for rehearing, appellant called to our attention the authority of Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988). Gust appears to be the only authority...

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