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DOYLE v. STATE

No. 5D00-1845.

772 So.2d 607 (2000)

Christopher DOYLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 8, 2000.

Attorney(s) appearing for the Case

Christopher Doyle, Avon Park, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

GRIFFIN, J.

Appellant's Motion for Rehearing is granted. We withdraw our prior opinion and substitute the following opinion in its stead.

We affirm the denial of appellant's second Florida Rule of Criminal Procedure Rule 3.850 motion as successive. Appellant may, however, seek a belated appeal of the denial of his first rule 3.850 motion. See Allen v. State,

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