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AGUILAR v. STATE

No. 3D99-2782.

756 So.2d 257 (2000)

Luis M. AGUILAR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 3, 2000.

Attorney(s) appearing for the Case

Luis M. Aguilar, in proper person.

Robert A. Butterworth, Attorney General, and Lara J. Edelstein (Ft.Lauderdale), for appellee.

Before LEVY and GERSTEN, JJ., and NESBITT, Senior Judge.

On Motion for Clarification Granted

NESBITT, Senior Judge.

The opinion of this Court filed on March 15, 2000, is vacated and this opinion is substituted in its stead.

In this appeal from the denial of a 3.850 motion, defendant argues that he was misadvised by defense counsel regarding gaintime and there is nothing in the record to refute this claim.1 See State v. Leroux,

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