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CLIATT v. STATE

No. 5D00-715.

773 So.2d 610 (2000)

Clinton CLIATT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 8, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

This is another in the blossoming number of cases under the new Florida Rule of Criminal Procedure 3.800(b). This is a case where the trial court failed to file an order ruling on the motion within sixty days of the filing of the motion. Under the new rule, if this occurs, the motion is "deemed" denied. In a case "pending appeal"1 such as this one, if this deadline is not met, the clerk apparently is to supplement the record...

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