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KEENE v. STATE

No. 5D08-2884.

8 So.3d 1278 (2009)

Douglas W. KEENE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 15, 2009.

Attorney(s) appearing for the Case

Douglas W. Keene, Bristol, pro se.

Bill McCollum, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the summary denial of Douglas Keene's post-sentencing motion to withdraw his plea. See Powell v. State, 929 So.2d 54 (Fla. 5th DCA 2006). Our decision to deny Keene's motion is without prejudice to allow him to assert the same or similar issues in a properly pled and timely filed motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

AFFIRMED.

PALMER, C.J., ORFINGER...

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