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GARCIA v. STATE

No. 3D04-1326.

21 So.3d 30 (2009)

Hernando GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied December 2, 2009.

Attorney(s) appearing for the Case

Carlos A. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Erin Kinney, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and CORTIÑAS, JJ.

ON MOTION FOR REHEARING

GERSTEN, J.

On consideration of the State's motion for rehearing, rehearing en banc, certified conflict, and/or certified question, the Court grants the motion for rehearing, withdraws its previous opinion, and substitutes the following opinion:

Hernando Garcia ("the defendant") appeals an order denying a motion for postconviction relief under Florida Rule of Criminal Procedure...

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