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ALLEN v. STATE

No. 99-1392.

741 So.2d 581 (1999)

Lorenzo ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 25, 1999.

Attorney(s) appearing for the Case

Lorenzo Allen, Belle Glade, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Lorenzo Allen appeals the order that denied his second rule 3.850 motion as impermissibly successive. Because his first motion was both filed and denied while his conviction was on appeal, his second motion is not procedurally barred. Daniels v. State, 712 So.2d 765 (Fla.1998). We therefore reverse and remand for further proceedings. Because the oath on Allen's motion is somewhat irregular, on remand the trial...

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