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830 So. 2d 205

Cano v. State

District Court of Appeal of Florida

Decided November 8, 2002

District Court of Appeal of Florida · decided 2002-11-08

Relies on Grant v. State · 702 So. 2d 221 - Pope v. State

Decided 2002-11-08

PER CURIAM.

¶1Appellant, Kirk Cano, appeals the summary denial of his second rule 3.850 motion. We affirm the trial court’s denial of the motion as successive. See Pope v. State, 702 So.2d 221 (Fla.1997). However, the affirmance is without prejudice to Appellant filing a proper rale 3.800(a) motion challenging his prison releasee reoffender sentence. See Grant v. State, 770 So.2d 655 (Fla.2000).

¶2AFFIRMED WITHOUT PREJUDICE.

HARRIS, GRIFFIN and SAWAYA, JJ., concur.
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