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TALLY v. STATE

No. 1D99-2748.

751 So.2d 152 (2000)

John D. TALLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 27, 2000.

Attorney(s) appearing for the Case

John T. Tally, pro se, Okeechobee.

Robert A. Butterworth, Attorney General, and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We find that appellant's motion for rehearing of the order denying his 3.850 motion for postconviction relief was timely, contrary to the circuit court's determination. See King v. State, 504 So.2d 405, 406-07 (Fla. 1st DCA 1987). We are unable to say that the motion for rehearing was altogether frivolous as the motion may have pointed out things the trial court overlooked, although we make no intimations in this...

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