Avila v. State

District Court of Appeal of Florida

Avila v. State

109 So. 3d 869, 2013 WL 950534, 2013 Fla. App. LEXIS 3946

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 2013

DocketNo. 3D12-2955

StatusPublished

This text of 109 So. 3d 869 (Avila v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Avila v. State, 109 So. 3d 869, 2013 WL 950534, 2013 Fla. App. LEXIS 3946 (Fla. Ct. App. 2013).

Pincite

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.

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