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FOSTER v. STATE

No. 3D12-2575.

106 So.3d 6 (2013)

Willie FOSTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 2, 2013.

Attorney(s) appearing for the Case

Willie Foster, in proper person.

Pamela Jo Bondi , Attorney General, for appellee.

Before WELLS, C.J., and SHEPHERD and LAGOA, JJ.

ON MOTION FOR REHEARING

WELLS, Chief Judge.

We grant the State's motion for rehearing, withdraw the opinion issued on November 7, 2012, and substitute the following opinion in its stead.

Willie Foster appeals an order denying his Florida Rule of Criminal Procedure 3.800 motion for credit for time served. Because the record before us fails to conclusively refute Foster's claim that he is entitled to...

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