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GARCIA v. STATE

No. 3D02-695.

821 So.2d 1182 (2002)

Nestor A. GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 24, 2002.

Attorney(s) appearing for the Case

Nestor A. Garcia, in proper person.

Robert A. Butterworth, Attorney General, and John Barker, Assistant Attorney General, for appellee.

Before FLETCHER, SHEVIN and SORONDO, JJ.

PER CURIAM.

We affirm the order denying defendant's Florida Rule of Criminal Procedure 3.800 motion. However, the trial court erred in treating the motion as having been filed under Rule 3.850. This affirmance is without prejudice to defendant filing his first Rule 3.850 motion.

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