Opinion
No. 3D11–368.
2011-10-19
Rudolph MAXWELL, Appellant,v.The STATE of Florida, Appellee.
An Appeal from the Circuit Court for Miami–Dade County, Beatrice A. Butchko, Judge.Rudolph Maxwell, in proper person.
Pamela Jo Bondi, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.
Before SUAREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.
ON MOTION FOR REHEARING
PER CURIAM.
We grant the motion for rehearing filed by the State of Florida, vacate and withdraw the opinion issued in this case on July 20, 2011, and substitute the following opinion in its place:
We affirm the trial court's order denying Rudolph Maxwell's petition for habeas corpus. The Florida Supreme Court's decision in State v. Montgomery, 39 So.3d 252 (Fla.2010) was rendered well after Maxwell's convictions and sentences were final,