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ROBINSON v. STATE

No. 5D05-439.

909 So.2d 497 (2005)

James ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 26, 2005.

Attorney(s) appearing for the Case

James Robinson, Lake City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

James Robinson (defendant) appeals the trial court's summary denial of his rule 3.850 motion.1 We affirm in part and reverse in part.

The first issue we address is the timeliness of the defendant's notice of appeal. Said notice was filed 35 days after the trial court's order denying relief was rendered. However, the trial court's order does not contain a certificate of service as required by Florida Rule of Criminal...

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