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BOERNER v. STATE

No. 1D07-1820.

963 So.2d 357 (2007)

Preston Walter BOERNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 27, 2007.

Attorney(s) appearing for the Case

Glen P. Gifford, Assistant Public Defender, for Appellant.

No Appearance for Appellee.

PER CURIAM.

Upon consideration of the appellant's supplemental response to order to show cause, dated June 12, 2007, the Court concludes that the motion to withdraw plea of nolo contendere or vacate judgment and sentence, which failed to cite that it was being filed in accordance with any rule and which was filed more than 30 days after the rendition of the appellant's judgment and sentence, was untimely pursuant to Florida Rule of Criminal Procedure 3.170(l

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