Herndon v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 THOMAS SHANE HERNDON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-2307 [October 4, 2006] PER CURIAM. We affirm without prejudice to appellant raising issue III in a timely rule 3.850 motion. See Patterson v. State, 904 So. 2d 593 (Fla. 4th DCA 2005); Keifner v. State, 896 So. 2d 955 (Fla. 4th DCA 2005); Zuluaga v. State, 793 So. 2d 60 (Fla. 4th DCA 2001). As in Patterson, [w]e do not have a sufficient record to determine whether, if appellant does file a rule 3.850 motion, it would be successive under rule 3.850(f), and this opinion should not be construed as deciding that issue. Id. at 593; Keifner, 896 So. 2d at 956. STEVENSON, C.J., FARMER and GROSS, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 312004CF001439A. Thomas Shane Herndon, Sneads, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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