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ORTIZ v. STATE

No. 3D03-2477.

895 So.2d 1100 (2004)

Rodolfo G. ORTIZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied April 8, 2005.

Attorney(s) appearing for the Case

Rodolfo G. Ortiz, in proper person.

Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before COPE, FLETCHER, and SHEPHERD, JJ.

Rehearing and Rehearing En Banc Denied April 8, 2005.

PER CURIAM.

Rodolfo Ortiz appeals the denial of his petition for a writ of habeas corpus on the grounds that, based upon newly discovered evidence, he is actually innocent of the crime of resisting an officer. Claims of newly discovered evidence are properly raised on a motion to vacate, set aside, or correct a sentence pursuant to Fla. R.Crim. P. 3.850, see Roberts v. State, 678...

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