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LYELL v. STATE

No. 2D01-2747.

872 So.2d 447 (2004)

Claude Lee LYELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 14, 2004.

Attorney(s) appearing for the Case

Claude Lee Lyell, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

On September 16, 1998, the circuit court placed Claude Lyell on thirty-six months' probation based on his guilty plea to two charges of aggravated battery. In April 2001, Lyell admitted violating his probation. The court revoked his probation and sentenced him to sixty months' imprisonment on April 23, 2001. On May 13, 2001, he filed an unsworn motion to withdraw his plea, in which he attacked the voluntariness of his September 1998 plea, not the...

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