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NEAL v. STATE

No. 5D06-848.

929 So.2d 59 (2006)

Rickey T. NEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 2006.

Attorney(s) appearing for the Case

Rickey Neal, Sanderson, pro se.

No Appearance for Appellee.

SHARP, W., J.

Neal appeals from an order which denied his motion to disqualify a judge in a post-conviction proceeding. We dismiss this appeal because it is untimely, as well as moot.

Neal filed his post-conviction motion pursuant to Florida Rule of Criminal Procedure 3.850, which was denied by Judge Anthony Johnson on December 22, 2004. Based on the mailbox rule,1 he filed a motion to...

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