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PERNELL v. STATE

No. 3D06-1521.

937 So.2d 234 (2006)

Curtis Kendall PERNELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 1, 2006.

Attorney(s) appearing for the Case

Curtis Kendall Pernell, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, GREEN, and SUAREZ, JJ.

PER CURIAM.

The defendant appeals the trial court's denial of his motion for post conviction relief claiming newly discovered evidence. We affirm because the defendant's claim regarding gain time has been previously litigated, Pernell v. State, 855 So.2d 66 (Fla. 3d DCA 2003), is untimely, and does not qualify as newly discovered evidence. See Fla. R.Crim. P. 3.850; Blanco v. State, 702 So.2d 1250 (Fla.1997...

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