Clemmons v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT FREDDIE CLEMMONS, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D11-452 Opinion filed June 10, 2011. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Susan Sexton, Judge. PER CURIAM. Freddie Clemmons appeals an order dismissing in part and denying in part his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the court granted Clemmons leave to amend one claim and has not yet issued a final ruling on that claim, the order at issue is a nonfinal, nonappealable order. See Gosney v. State, 55 So. 3d 728, 729 (Fla. 2d DCA 2011). Accordingly, we dismiss this appeal. Dismissed. ALTENBERND, DAVIS, and SILBERMAN, JJ., Concur.

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