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GREEN v. STATE

No. 93-01473.

659 So.2d 333 (1995)

Jerry Wayne GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 22, 1995.

Attorney(s) appearing for the Case

Rick Terrano, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Tonja R. Vickers, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Jerry Wayne Green appeals his judgment and sentence, raising three issues for review. We affirm without comment the two rulings of the trial court which Green challenges. As to Green's third challenge alleging ineffective assistance of the defense attorney for failing to subpoena a witness timely, we affirm without prejudice to file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See McKinney v. State,

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