Opinion
Case No. 3D01-1058
Opinion filed September 19, 2001.
An Appeal from the Circuit Court for Dade County, Leonard E. Glick, Judge. Lower Tribunal No. 98-24732.
Sylvester Mosley, in proper person. Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and SORONDO, and RAMIREZ, JJ.
ON MOTION FOR REHEARING
We initially reversed the summary denial of Sylvester Mosley's Motion for Post-Conviction Relief pursuant to Florida Rules of Criminal Procedure 3.850, because the State had been unable to provide us with a transcript of Mosley's plea colloquy. The State has now filed the transcript, which affirmatively refutes Mosley's allegations.
We therefore grant rehearing, affirm the trial court's denial of the motion, and withdraw our previous opinion rendered August 29, 2001.