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WAINER v. STATE

No. 4D07-1196.

965 So.2d 1240 (2007)

David W. WAINER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 3, 2007.

Attorney(s) appearing for the Case

David W. Wainer, Polk City, pro se.

Bill McCollum, Attorney General, Tallahassee, and August Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

David W. Wainer appeals the summary denial of his motion filed in accordance with Florida Rule of Criminal Procedure 3.850. Through a previous appeal we concluded that Wainer's claim was timely and remanded the case for further review. Wainer v. State, 943 So.2d 894 (Fla. 4th DCA 2006). The order denying relief following remand accepted the state's position that the record refutes Wainer's claim associated with...

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