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McMILLAN v. STATE

No. 5D04-3753.

901 So.2d 958 (2005)

Gerald C. McMILLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 6, 2005.

Attorney(s) appearing for the Case

Gerald C. McMillan, East Palatka, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Gerald C. McMillan appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. McMillan was convicted of armed robbery with a firearm and resisting an officer without violence. He appealed, and this court affirmed in a written opinion, McMillan v. State, 832 So.2d 946 (Fla. 5th DCA 2002), noting that all of McMillan's arguments were founded upon his erroneous assertion...

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