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CALLWOOD v. STATE

No. 5D06-411.

931 So.2d 281 (2006)

Shorn K. CALLWOOD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 23, 2006.

Attorney(s) appearing for the Case

Shorn K. Callwood, Jasper, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

SHARP, W., J.

Callwood appeals from a summary denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court based its summary denial on the ground that the motion is successive, after reviewing a prior motion for post conviction relief filed on September 14, 2004, and the order denying it dated November 24, 2004. However, the trial court failed to attach the previous motion or order. Pursuant to Florida...

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