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GARDNER v. STATE

No. 1D00-4579.

784 So.2d 534 (2001)

Samuel J. GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 1, 2001.

Attorney(s) appearing for the Case

Appellant pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Samuel J. Gardner appeals an order of the trial court summarily denying his motion under Florida Rule of Criminal Procedure 3.850 as untimely. Mr. Gardner's judgment and sentence became final on August 18, 1988. He alleges in his motion that he learned for the first time on January 4, 1999, that the state had communicated to his lawyer before trial an offer to let him plead to a lesser-included offense and receive a shorter sentence than the one he received...

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