Ortiz v. State

Full title: EDWIN ORTIZ, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Nov 10, 2010

Case No. 2D08-5380 (Fla. Dist. Ct. App. Nov. 10, 2010)

Opinion

Case No. 2D08-5380.

Opinion filed November 10, 2010.

Appeal from the Circuit Court for Hardee County; Marcus J. Ezelle and Robert Doyel, Judges.

Robin H. Stevenson, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ha Thu Dao, Assistant Attorney General, Tampa, for Appellee.

MORRIS, Judge.

ORDER GRANTING APPELLANT'S MOTION FOR RECONSIDERATION AND

STRIKING PRO SE MOTION FOR REHEARING

On September 1, 2010, this court issued its opinion affirming the trial court's denial of Ortiz's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. On September 7, 2010, Ortiz filed a pro se motion for rehearing. At all relevant times during the pendency of this appeal, Ortiz has been represented by counsel. Accordingly, his pro se motion was stricken by this court in accordance with our opinion inBenjamin v. State, 32 So. 3d 131 (Fla. 2d DCA 2009).

Subsequent to the filing of his motion for rehearing, Ortiz wrote to the chief judge of this court requesting that this court review (and presumably recede from) Benjamin. Ortiz's letter will be treated as a motion for reconsideration of his earlier motion for rehearing.

Having considered Ortiz's arguments, we decline to recede fromBenjamin and we approve the striking of Ortiz's pro se motion for rehearing.

DAVIS and CRENSHAW, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED