Moreland v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 EMMANUEL MORELAND, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3854 [December 6, 2006] PER CURIAM. Affirmed, without prejudice to appellant s right to seek relief in a properly and timely filed motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Covell v. State, 891 So.2d 1132 (Fla. 4th DCA 2005); Campbell v. State, 718 So.2d 886 (Fla. 4th DCA 1998). Conflict is certified with Fitzpatrick v. State, 863 So.2d 462 (Fla. 1st DCA 2004), and Berthiaume v. State, 864 So.2d 1257 (Fla. 5th DCA 2004). POLEN, KLEIN and SHAHOOD, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 05-6036 CFA02. Emmanuel Moreland, Jasper, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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