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MARION v. STATE

No. 3D04-1553.

892 So.2d 1131 (2004)

Trabon MARION, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 2, 2005.

Attorney(s) appearing for the Case

Trabon Marion, in proper person.

Charles J. Crist, Jr., Attorney General, and Erin Kinney, Assistant Attorney General, for appellee.

Before COPE, WELLS and SHEPHERD, JJ.

PER CURIAM.

Trabon Marion appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court denied relief, and checked the box on the form order indicating that the denial occurred after an evidentiary hearing. The State reports, however, that there was no evidentiary hearing and this entry on the order is a clerical error. Accordingly, we treat the appeal as an appeal from an order summarily denying postconviction...

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