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Bivins v. State
Citations: 798 So. 2d 789; 2001 Fla. App. LEXIS 14618; 2001 WL 1205848Docket: No. 4D01-3282
Court: District Court of Appeal of Florida; October 10, 2001; Florida; State Appellate Court
George Bivins' appeal concerning the summary denial of his petition for writ of error coram nobis is treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court's denial is affirmed due to Bivins' failure to meet the requirements outlined in Rule 3.850(c). The ruling references the case Wood v. State, which amended Rule 3.850 to include coram nobis relief. The affirmance allows Bivins the opportunity to file a compliant Rule 3.850 motion. Judges Gunther, Taylor, and Hazouri concur with the decision.