Devin Rivera v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DEVIN RIVERA, Appellant, v. Case No. 5D14-1272 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 7, 2014 Appeal from the Circuit Court for Volusia County, Leah R. Case, Judge. James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm the summary denial of Devin Rivera's postsentencing motion to withdraw his plea without prejudice to allow him to assert the same or similar issues in a properly pled and timely filed motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Keene v. State, 8 So. 3d 1278 (Fla. 5th DCA 2009). AFFIRMED. EVANDER, WALLIS and LAMBERT, JJ., concur.

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