Avila v. State

Full title: Gary AVILA, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Mar 13, 2013

109 So. 3d 869 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D12–2955.

2013-03-13

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

An Appeal from the Circuit Court for Miami–Dade County, Jorge Rodriguez Chomat, Judge. Gary Avila, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

An Appeal from the Circuit Court for Miami–Dade County, Jorge Rodriguez Chomat, Judge.
Gary Avila, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before SUAREZ, LAGOA and SALTER, JJ.

Prior report: 2012 WL 6741079.

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.