ROSAS-SANCHEZ V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 BORIS ROSAS-SANCHEZ, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D02-978 ** LOWER TRIBUNAL NO. 97-4904 ** Opinion filed November 20, 2002. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Miami-Dade County, David H. Young, Judge. Boris Rosas-Sanchez, in proper person. Richard E. Doran, Attorney General, and Kristine Keaton (Ft. Lauderdale), Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., GREEN and SHEVIN, JJ. PER CURIAM. We grant the defendant s motion to recall the mandate, and motion to certify conflict. We withdraw the opinion issued August 14, 2002, and substitute the following. We affirm the denial of defendant s post-conviction relief motion. 2001). Foster v. State, 794 So. 2d 731 (Fla. 3d DCA We certify conflict with Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000), and Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000). -2-

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