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CANETE v. STATE

No. 4D09-4376.

72 So.3d 774 (2011)

Orlando CANETE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 10, 2011.

Attorney(s) appearing for the Case

Orlando Canete , Arcadia, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The defendant appeals from a final order summarily denying his petition for writ of habeas corpus. He contends that the circuit court failed to consider the merits of his supplemental motion filed pursuant to Florida Rule of Criminal Procedure 3.850.

We disagree with the defendant. It appears that the circuit court considered the merits of his supplemental motion by "summarily denying" the habeas petition rather than dismissing it as the state...

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