Gonzalez 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 DAVID GONZALEZ, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D08-653 Opinion filed March 6, 2009. Appeal from the Circuit Court for Hillsborough County; Robert A. Foster, Jr., Judge. Frank De La Grana of Frank De La Grana, P.A., Tampa, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We dismiss David Gonzalez's appeal without prejudice to his filing a facially sufficient motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Ashley v. State, 611 So. 2d 617 (Fla. 2d DCA 1993). Dismissed. NORTHCUTT, C.J., and KELLY and CRENSHAW, JJ., Concur. -2-

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