JAMES HOLLIS HYERS v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES HOLLIS HYERS, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D05-1924 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed November 30, 2005. An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge. Appellant, pro se. Charlie Crist, Attorney General; Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. We affirm the order denying the motion, but do so without prejudice to appellant s refiling his jail credit claim in a facially sufficient rule 3.850 motion. See Burchfield v. State, 907 So. 2d 614 (Fla. 1st DCA 2005). AFFIRMED. ERVIN, DAVIS and LEWIS, JJ., CONCUR.

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