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McMILLAN v. STATE

No. 4D09-3424.

42 So.3d 842 (2010)

Anthony McMILLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 24, 2010.

Attorney(s) appearing for the Case

Anthony McMillan , Florida City, pro se.

Bill McCollum , Attorney General, Tallahassee, and Daniel P. Hyndman , Assistant Attorney General, West Palm Beach, for appellee.

Prior report: 763 So.2d 1140.

PER CURIAM.

The trial court dismissed Anthony McMillan's third Florida Rule of Criminal Procedure 3.800(a) motion as impermissibly successive and an abuse of procedure. We agree with the trial court that most of McMillan's third rule 3.800(a) motion is successive. We discern, however, one argument in the instant motion not previously raised. Here, he asserted that, at sentencing, the trial court stated the imposition of a...

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