Salley v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ANTHONY SALLEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1469 [February 2, 2011] PER CURIAM. We treat the trial court s March 15, 2010 order as one denying relief in a probation violation proceeding a n d not as a motion for postconviction relief. Appellant is a fugitive on an outstanding violation of probation warrant and he currently serves a sentence in South Carolina. Appellant sought to have the trial court accept a plea in absentia a n d sentence him concurrently with his South Carolina sentence. The circuit court s ruling in essence denying relief is not an appealable order, so this appeal is dismissed. Appeal Dismissed. GROSS, C.J., MAY and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Lawrence M. Mirman, Judge; L.T. Case No. 561991CF000769B. Anthony Salley, Ridgeland, South Carolina, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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