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MONTALVO v. STATE

No. 4D07-171.

957 So.2d 1273 (2007)

Mark MONTALVO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 6, 2007.

Attorney(s) appearing for the Case

Mark Montalvo, South Bay, pro se.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Mark Montalvo (Defendant) appeals an order summarily denying his motion for postconviction relief, filed pursuant to rule 3.850(b)(3), Florida Rules of Criminal Procedure, in which he sought leave to file a belated rule 3.850 motion. He set forth legally sufficient allegations that he retained counsel to file a timely rule 3.850 motion, but counsel failed to file a motion with the proper file number within the time allowed and the corrected motion filed...

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