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JOHNSON v. STATE

No. 4D02-2268.

830 So.2d 194 (2002)

Eddie JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 30, 2002.

Attorney(s) appearing for the Case

Eddie Johnson, Century, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed without prejudice to file a properly pled motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Phillips v. State, 816 So.2d 1154 (Fla. 4th DCA 2002)(holding that this type of claim would require an evidentiary hearing, and is not properly raised in a rule 3.800(a) proceeding). We certify conflict with Toney v. State, 817 So.2d 924

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