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945 So. 2d 653

Docket No. 4D06-3347.

Douze v. State

Marvin DOUZE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 10, 2007.

District Court of Appeal of Florida · decided 2007-01-10

Cited by 2 later decisions — most recently August 2008

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-01-10

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¶1Sidney Z. Fleischman of Fleischman & Fleischman, P.A., Fort Lauderdale, for appellant.

¶2No appearance required for appellee.

¶3PER CURIAM.

¶4Through counsel appellant filed a motion to vacate his plea pursuant to Florida Rule of Criminal Procedure 3.170(l), but the motion was clearly untimely. The trial court denied the motion. We affirm, but our affirmance is without prejudice to appellant filing a sworn motion for postconviction relief in conformance with the requirements of Florida Rule of Criminal Procedure 3.850, raising the involuntariness issue counsel raised in the motion to vacate. Appellant shall have thirty days from the rendition of this opinion, or shall have the time remaining under Rule 3.850, to file a proper, sworn motion for postconviction relief.

¶5STONE, WARNER and TAYLOR, JJ., concur.

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