Hall 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 STEPHEN A. HALL, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D13-1921 Opinion filed November 27, 2013. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; John K. Stargel, Judge. Stephen A. Hall, pro se. PER CURIAM. The postconviction court's partial denial of Stephen A. Hall's motion filed under Florida Rule of Criminal Procedure 3.800(a) is affirmed without prejudice for Hall to file a motion under rule 3.801. If Hall chooses to file a rule 3.801 motion, it must comply with the requirements outlined in rules 3.801(b), (c), (e), and 3.850(n). Upon receipt of a rule 3.801 motion, the court must follow the procedure outlined in rule 3.850(f). See Fla. R. Crim. P. 3.801(e) (effective July 1, 2013). Because it appears that Hall's time to file a rule 3.801 motion will have expired during the pendency of this appeal, if he files such a motion within thirty days of the date this opinion becomes final, it shall not be considered untimely. Affirmed without prejudice. SILBERMAN, CRENSHAW, and MORRIS, JJ., Concur. -2-

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