HANEY v. STATE

No. 4D08-797.

987 So.2d 234 (2008)

Elbert D. HANEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 30, 2008.


Attorney(s) appearing for the Case

Elbert D. Haney, Florida City, pro se.

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


PER CURIAM.

Elbert D. Haney seeks review of an order denying his rule 3.850 motion for postconviction relief as successive. That determination was made based on this court's affirmance of Haney's previous motion to withdraw plea. In reviewing that case we note that any reference by this court to treatment of that appeal as involving a rule 3.850 motion was inadvertent.

Haney had filed a motion to withdraw pursuant to Florida Rule of Criminal Procedure 3.170...

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