Wagner 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 EDWIN WAGNER, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) _________________________________ ) Case No. 2D09-2989 Opinion filed June 24, 2011. Appeal from the Circuit Court for Pinellas County, Joseph A. Bulone, Judge. James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm without prejudice to Edwin Wagner's right, if any, to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.850. NORTHCUTT, DAVIS, and SILBERMAN, JJ., Concur.

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