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LEPPER v. STATE

No. 2D01-3976.

826 So.2d 363 (2002)

John R. LEPPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 10, 2002.

Attorney(s) appearing for the Case

James F. Pyle, P.A., Lake Alfred, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.

ORDER DISMISSING APPEAL WITHOUT PREJUDICE TO FILING OF TIMELY MOTION PURSUANT TO RULE 3.850

WHATLEY, Judge.

John R. Lepper appeals an order disposing of a motion that the trial court had no authority to consider. At an earlier time, this court decided to treat this case as an appeal from an order denying a motion filed pursuant to rule 3.850. In the motion Mr. Lepper claimed that his plea was unknowing and involuntary because it was based on erroneous advice...

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