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OSBORNE v. STATE

No. 1D00-3894.

798 So.2d 39 (2001)

Donald OSBORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 17, 2001.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant seeks review of the trial court's order which summarily denied his rule 3.850 motion as successive. We conclude that the court erred in this ruling because Appellant's prior postconviction motion was properly filed as a rule 3.800(a) motion. See Ingledue v. State, 734 So.2d 518 (Fla. 5th DCA 1999).

Moreover, we conclude that Appellant's claims regarding trial counsel's failure to

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