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COOPER v. STATE

No. 4D04-4124.

902 So.2d 904 (2005)

Leon COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 1, 2005.

Attorney(s) appearing for the Case

Leon Cooper, Okeechobee, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the summary denial of Cooper's rule 3.850 motion for post-conviction relief.

In Cooper v. State, 764 So.2d 934 (Fla. 4th DCA 2000), this court reversed Cooper's sentence. Upon remand, he was resentenced in February 2001, and in May 2004, more than two years later, he filed this 3.850 motion. The trial court denied the motion as untimely.

Cooper's counsel did not file a notice of appeal...

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