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Phillip J. CRUZ, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2010-03-10No. No. 4D09-3095
30 So. 3d 610

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Opinion

majority opinion

PER CURIAM.

The trial court order summarily denying appellant’s motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170 is affirmed, without prejudice to appellant’s right to refile a timely motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, and for the trial court to consider it in accordance with rule 3.850(d), including its provisions for consideration of evidentiary hearing or record attachments if appropriate.

POLEN, STEVENSON and HAZOURI, JJ., concur.