Funderburk v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA JULY TERM 2003 FIFTH DISTRICT ELVIS DOYLE FUNDERBURK, Appellant, CASE NO.: 5D03-1964 v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed July 18, 2003 3.800 Appeal from the Circuit Court for Volusia County, William A. Parsons, Judge. Elvis Doyle Funderburk, Daytona beach, pro se. No Appearance for Appellee. PER CURIAM. We affirm the trial court's denial of Elvis Doyle Funderburk's motion pursuant to Florida Rule of Criminal Procedure 3.800(a) in accord with Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002), but again certify conflict with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). AFFIRMED. PETERSON, GRIFFIN and TORPY, JJ., concur.
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