Rosario v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOSE FERNANDO AGUIR ROSARIO, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D03-4891 Opinion filed November 17, 2004. Appeal from the Circuit Court for Pasco County; Daniel D. Diskey, Judge. James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Jose Rosario appeals his convictions for battery and false imprisonment. We affirm without prejudice to any right Rosario may have to file a timely, legally sufficient motion for postconviction relief in the trial court. Affirmed. FULMER and SILBERMAN, JJ., and DAKAN, STEPHEN L., ASSOCIATE SENIOR JUDGE, Concur.