DIEZ v. STATE

No. 4D11-2681.

102 So.3d 19 (2012)

Emilio DIEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 24, 2012.


Attorney(s) appearing for the Case

Grisel Ybarra , Miami, for appellant.

No appearance required for appellee.


ON MOTION FOR CERTIFICATION AND MOTION FOR REHEARING EN BANC

PER CURIAM.

We deny Appellant's Motion for Certification and Motion for Rehearing En Banc but withdraw our previous per curiam affirmance and substitute the following opinion in its place.

In June 1980, appellant entered a plea to possession of methaqualone and received a term of probation. In March 2011, more than thirty years later, appellant filed a Rule 3.850 motion for postconviction...

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