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ALLEN v. STATE

No. 1D07-4744.

984 So.2d 656 (2008)

Edward Bernard ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 24, 2008.

Attorney(s) appearing for the Case

Edward Bernard Allen, pro se, Appellant.

Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant's motion for rehearing, withdraw our opinion filed March 28, 2008, and issue this corrected opinion in its stead.

The appellant appeals the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The second claim, that he was not properly charged by the state, is conclusively refuted by the record, and we affirm...

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