PINEDA v. STATE

No. 4D05-3024.

916 So.2d 1012 (2006)

Nicholas PINEDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 4, 2006.


Attorney(s) appearing for the Case

Nicholas Pineda, Avon Park, pro se.

No appearance required for appellee.


On Motion for Rehearing

PER CURIAM.

We withdraw our prior opinion and substitute the following in its place.

We affirm the order denying postconviction relief, although we conclude that the motion was not untimely as the trial court found. However, the motion was successive, and there is no explanation as to why the grounds asserted in this motion could not have been brought in the prior postconviction...

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