Hunter v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 JERMAINE HUNTER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3837 [November 22, 2006] PER CURIAM. Affirmed, without prejudice to appellant filing a properly sworn motion or petition in the lower court no later than thirty (30) days from the date of this opinion. See Hundley v. State, 929 So. 2d 1087 (Fla. 4th DCA 2006). The motion or petition should also comply with the content requirements of rule 3.850(c) and include an explanation as to why it is timely filed pursuant to rule 3.850(b). See also Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002) (noting petitions for writ of error coram nobis are constrained by the same two-year time limit as motions for postconviction relief, through rule 3.850(b)). STEVENSON, C.J., WARNER and TAYLOR, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 01-10716 CFA02. Jermaine Hunter, Edgefield, South Carolina, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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