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CHILDS v. STATE

No. 94-1564.

649 So.2d 349 (1995)

John W. CHILDS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 7, 1995.

Attorney(s) appearing for the Case

John W. Childs, pro se.

Robert A. Butterworth, Atty. Gen. and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We sua sponte dismiss the appeal of John W. Childs (Childs) as untimely filed. The trial court denied Childs' Florida Rule of Criminal Procedure 3.850 motion on January 18, 1994. Childs then filed a pleading styled "answer to state's response to defendant's motion for postconviction relief" on February 9, 1994. The trial court treated this pleading as a motion for reconsideration, and denied it on April 15, 1994. The fact however that Childs filed a notice...

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