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CERUTTI v. STATE

No. 4D03-4162.

870 So.2d 206 (2004)

Alfred W. CERUTTI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 17, 2004.

Attorney(s) appearing for the Case

Alfred W. Cerutti, Bradenton, pro se.

No appearance required for Appellee.

PER CURIAM.

AFFIRMED.

KLEIN and STEVENSON, JJ., concur.

POLEN, J., concurs specially with opinion.

POLEN, J., concurring specially.

I concur in affirming the denial of postconviction relief. Cerutti raised a claim in his motion that trial counsel was ineffective in failing to call a witness at trial. Cerutti did not specifically allege that the witness was available to testify at trial.

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