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ESTIME v. STATE

No. 4D05-734.

904 So.2d 634 (2005)

Jeandis ESTIME, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 22, 2005.

Attorney(s) appearing for the Case

Andrean Eaton, Hollywood, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The order summarily denying the motion for post-conviction relief as untimely is reversed. In Estime v. State, 885 So.2d 1003 (Fla. 4th DCA 2004), this court affirmed without prejudice to appellant refiling his motion with sworn allegations establishing exceptions to the time limitation of the rule. Fla. R.Crim. P. 3.850(b).

The instant motion contained sworn allegations that, taken as true, would establish...

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