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CAMON v. STATE

No. 3D09-2949.

57 So.3d 972 (2011)

Jerry CAMON a/k/a/ Kevin Davis, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 30, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Daniel Tibbitt , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Nicholas Merlin , Assistant Attorney General, for appellee.

Before GERSTEN, WELLS, and SALTER, JJ.

WELLS, Judge.

Jerry Camon appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion. We reverse.

On December 27, 2006, while Camon's Florida Rule of Criminal Procedure 3.170(l) motion to withdraw plea was still pending, he filed a pro se Rule 3.850 motion for post-conviction relief.1 Thereafter, the 3.850 motion was dismissed because denial of Camon's 3.170(l) motion was on appeal. After the order...

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