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2 So. 3d 1115

Lee v. State

District Court of Appeal of Florida

Decided February 18, 2009

District Court of Appeal of Florida · decided 2009-02-18

Decided 2009-02-18

PER CURIAM.

¶1Appellant challenges an order denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800. The substance of the motion, which was properly sworn, was a motion for postcon-viction relief pursuant to rule 3.850. We *1116treat appellant’s appeal as one from a motion for postconviction relief under rule 3.850 and affirm, as the record conclusively refutes appellant’s contentions or they are legally insufficient to grant relief.

WARNER, POLEN and HAZOURI, JJ., concur.
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