Bowen v. State

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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA May 4, 2005 JIMMY STUART BOWEN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) ) Case No. 2D04-5369 BY ORDER OF THE COURT: Appellant s motion for clarification is granted. The opinion dated March 9, 2005, is withdrawn, and the attached opinion is substituted therefor. Appellant's motion for rehearing is denied. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. JAMES BIRKHOLD, CLERK cc: Jimmy Stuart Bowen Attorney General NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JIMMY STUART BOWEN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D04-5369 Opinion filed May 4, 2005. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Dennis P. Maloney, Judge. PER CURIAM. Affirmed. See Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002). This affirmance is without prejudice to any right Bowen might have to file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. KELLY, CANADY, and WALLACE, JJ., Concur.

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