Dalbey v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 SCOTT C. DALBEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-1189 [July 11, 2007] PER CURIAM. The order denying Appellant s Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded to the trial court with instructions to strike the motion as unauthorized. Ladson v. State, 907 So.2d 1288 (Fla. 2d DCA 2005). In addition, because Appellant is represented by counsel, his attempt to file a pro se appeal in this case was improper. See Kerney v. State, 945 So.2d 657, 658-59 (Fla. 2d DCA 2007). FARMER, KLEIN and MAY, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert L. Pegg, Judge; L.T. Case No. 312000CF001226A. Carey Haughwout, Public Defender, West Palm Beach, for appellant. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing

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