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FRANKLIN v. STATE

No. 2D10-95.

31 So.3d 948 (2010)

Michael Shane FRANKLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 2010.

Attorney(s) appearing for the Case

Michael Shane Franklin, pro se.

CRENSHAW, Judge.

Michael Shane Franklin appeals the order striking without prejudice his motion to withdraw plea, filed pursuant to Florida Rule of Criminal Procedure 3.170(l). We reverse and remand for further proceedings because Franklin's motion should have been treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

Franklin was sentenced on May 23, 2008. He filed the instant motion, styled as a motion to withdraw...

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