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McDUFFIE v. STATE

No. 1D08-2104.

28 So.3d 102 (2009)

Tavares Antonio McDUFFIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 18, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Paula S. Saunders, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Christine A. Guard, Assistant Attorney General, Tallahassee, for Appellee.

CLARK, J.

Appellant, Tavares Antonio McDuffie, challenges his conviction entered after jury trial on an amended information. He argues on appeal that the filing of the amended information during the speedy trial rule's recapture period precluded his trial on that amended information. See Fla. R.Crim. P. 3.191(p).

Because the propriety and timeliness of the amended information was not raised in the trial proceedings, it has not been preserved for appeal.

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