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HARVEY v. STATE

No. 3D09-1127.

11 So.3d 457 (2009)

Kevin D. HARVEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 8, 2009.

Attorney(s) appearing for the Case

Kevin D. Harvey, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.

SUAREZ, J.

Kevin D. Harvey seeks an order granting a petition for mandamus directing the lower court to `reset' the time for filing a Florida Rule of Criminal Procedure 3.850 petition. We treat his petition as a notice of appeal, and reverse and remand.

Harvey was convicted in Florida in 1989, but was immediately turned over to federal authorities to begin serving a twenty-year federal sentence. Harvey was incarcerated in federal prison in Alabama until he...

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