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Gary AVILA, Appellant, v. The STATE of Florida, Appellee

Florida District Court of Appeal2013-03-13No. No. 3D12-2955
109 So. 3d 869

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Opinion

majority opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant the Appellee’s motion for rehearing, -withdraw our original opinion filed January 2, 2013, and issue the following opinion in its place.

We affirm the trial court’s denial of the defendant’s petition for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a), but without prejudice for the defendant, Gary Avila, to file a post-conviction petition in the trial court that facially demonstrates entitlement to the relief he seeks. See Johnson v. State, 60 So.3d 1045, 1051 n. 2 (Fla.2011). Affirmed.