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BELLEVUE v. STATE

No. 3D01-1537.

794 So.2d 730 (2001)

McKenzie BELLEVUE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 19, 2001.

Attorney(s) appearing for the Case

Bellevue McKenzie, in proper person.

Robert A. Butterworth, Attorney General, and Steven R. Parrish, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and GODERICH, JJ.

COPE, J.

McKenzie Bellevue appeals an order denying postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm, without prejudice to defendant-appellant Bellevue to refile.

Defendant is in federal custody. Following the decision in Peart v. State, 756 So.2d 42 (Fla.2000), he filed a motion for postconviction relief seeking to withdraw pleas he entered...

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