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Ortiz v. State

Florida Court of Appeal, Second District
Sep 1, 2010
98 So. 3d 70 (Fla. Dist. Ct. App. 2010)

Opinion

         Order on Reconsideration Nov. 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.


          PER CURIAM.

         Affirmed.

          DAVIS, CRENSHAW, and MORRIS, JJ., Concur.

         ORDER GRANTING APPELLANT'S MOTION FOR RECONSIDERATION AND STRIKING PRO SE MOTION FOR REHEARING

          MORRIS, Judge.

         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 in Benjamin 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 from Benjamin and we approve the striking of Ortiz's pro se motion for rehearing.

          DAVIS and CRENSHAW, JJ., Concur.


Summaries of

Ortiz v. State

Florida Court of Appeal, Second District
Sep 1, 2010
98 So. 3d 70 (Fla. Dist. Ct. App. 2010)
Case details for

Ortiz v. State

Case Details

Full title:Edwin ORTIZ, Appellant, v. STATE of Florida, Appellee.

Court:Florida Court of Appeal, Second District

Date published: Sep 1, 2010

Citations

98 So. 3d 70 (Fla. Dist. Ct. App. 2010)