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SPICER v. STATE

No. 5D04-4106.

898 So.2d 984 (2005)

Curtis Joel SPICER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 4, 2005.

Attorney(s) appearing for the Case

Curtis J. Spicer, Bushnell, pro se.

No Appearance for Appellee.

GRIFFIN, J.

Curtis Joel Spicer ["Spicer"] appeals the summary denial of his Rule 3.850 motion for post-conviction relief. The order denying defendant's 3.850 motion was rendered and served on September 28, 2004. Spicer's motion for rehearing was not filed until October 22, 2004. The motion was not stamped by prison officials, nor did it contain a certificate of service. See Haag v. State, 591 So.2d 614 (Fla.1992). The motion...

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