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HOLMES v. STATE

No. 94-2215.

646 So.2d 260 (1994)

Jimmie HOLMES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 23, 1994.

Attorney(s) appearing for the Case

Jimmie Holmes, in pro per.

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

Before BASKIN, JORGENSON and GERSTEN, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

We grant defendant's motion for rehearing, withdraw the opinion dated October 5, 1994, and substitute the following opinion. Defendant appeals an order summarily denying his Rule 3.850 motion. Defendant correctly asserts that the trial court erred in denying the motion on its face. The portion of the record attached to the order fails to refute defendant's claim that he was physically unable to surrender timely...

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