James 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 MATTHEW JAMES, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D15-3574 Opinion filed July 20, 2016. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Michelle Sisco, Judge. Matthew James, pro se. PER CURIAM. The final order entered in the lower tribunal case number 07-CF-018722 that denied Matthew James's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief is affirmed. The order entered in the lower tribunal case number 07-CF-23749 is not a final, appealable order because one of the claims in that motion remains pending. Accordingly, James's appeal of that order is dismissed without prejudice to seek timely review of a final, appealable order when rendered. Affirmed in part and dismissed in part. SILBERMAN, CRENSHAW, and LUCAS, JJ., Concur. -2-

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