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STATE v. TOLEDO

No. 84-2381.

459 So.2d 1179 (1984)

The STATE of Florida, Petitioner, v. Roberto TOLEDO, Respondent.

District Court of Appeal of Florida, Third District.

December 11, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Randi Klayman Lazarus, Asst. Atty. Gen., for petitioner.

Kurt Marmar, Miami, for respondent.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

The state seeks certiorari review of an order setting a supersedeas bond pending the defendant's appeal of the denial of his motion for post-conviction relief under Fla. R.Crim.P. 3.850. Since, as we squarely held in State v. Matrascia, 377 So.2d 997 (Fla. 3d DCA 1979), the trial court has no authority to grant such relief, the petition is granted and the order is quashed.

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