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MOYE v. STATE

No. 1D01-3011.

805 So.2d 1057 (2002)

Billy MOYE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 23, 2002.

Attorney(s) appearing for the Case

Appellant, pro se.

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

PER CURIAM.

The appellant filed a motion in the trial court purportedly pursuant to Florida Rule of Criminal Procedure 3.800(b). The trial court treated the motion as a motion for modification of sentence under Rule 3.800(c), and denied the motion as untimely. The appellant challenges this ruling. We treat the appellant's notice of appeal as a petition for certiorari and deny the petition. See Davis v. State, 745 So.2d 499

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