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HONEYCUTT v. STATE

No. 4D01-2559.

906 So.2d 1181 (2005)

Peyton E. HONEYCUTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 13, 2005.

Attorney(s) appearing for the Case

Peyton Honeycutt, Monticello, pro se.

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

PER CURIAM.

This case returns to us by mandate from the Supreme Court, see State v. Honeycutt, 903 So.2d 901 (Fla.2005), to reconsider our decision in light of that court's recent decision in Banks v. State, 887 So.2d 1191 (Fla.2004).

The trial court dismissed defendant's rule 3.850 Heggs claim on the grounds that it was untimely, having been filed more than two years...

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