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SMITH v. STATE

No. 95-1032.

682 So.2d 1221 (1996)

Kelvin SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

November 19, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Kathleen Stover, Assistant Public Defender, Tallahassee, for Petitioner.

Robert A. Butterworth, Attorney General, James W. Rogers, Senior Assistant Attorney General and Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Appellant's petition for writ of certiorari after denial for lack of jurisdiction of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b) is granted. The cause is remanded for the court to consider appellant's motion on the merits.

MINER, WEBSTER and MICKLE...

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