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MARINO v. STATE

No. 2D13-1614.

132 So.3d 880 (2014)

Heidi Nicole MARINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 5, 2014.

Attorney(s) appearing for the Case

Heidi Nicole Marino, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

The order denying Heidi Nicole Marino's motion filed pursuant to Florida Rule of Criminal Procedure 3.850 is affirmed without prejudice to any right Marino may have to file a rule 3.850 motion seeking to vacate the sentence based on newly discovered evidence, the basis of such a claim being the affidavit of the victim averring that she suffered no injuries in the attack.1

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