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DAVIS v. STATE

No. 2D07-5552.

993 So.2d 1045 (2008)

Merlan DAVIS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 23, 2008.

Attorney(s) appearing for the Case

Merlan Davis, pro se.

No appearance for Respondent.

LaROSE, Judge.

In his petition for writ of mandamus, which this court denied on January 10, 2008, with opinion to follow, Merlan Davis requests this court to order the trial court to strike his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 with leave to amend. He relies on Spera v. State, 971 So.2d 754 (Fla.2007). We hold that Spera does not apply retroactively.

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