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LEE v. STATE

No. 4D04-4573.

891 So.2d 1136 (2005)

Vincent LEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 19, 2005.

Attorney(s) appearing for the Case

Vincent Lee, Okeechobee, pro se.

No appearance required for appellee.

PER CURIAM.

Vincent Lee appeals the summary denial of his rule 3.850/800(a) motion, which the trial court properly treated as a rule 3.800(a) motion. A rule 3.850 motion would have been impermissibly untimely and successive. The order of denial appears to contain a scrivener's error, in that it bases the denial on the reasoning of the state's response, yet no state's response was attached. The office of the clerk of court indicates that no state response to this motion...

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