MOSLEY 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. 2001 SYLVESTER MOSLEY, ** Appellant, ** vs. ** CASE NO. THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. Appellee. 3D01-1058 98-24732 ** Opinion filed September 19, 2001. An Appeal from the Circuit Court for Dade County, Leonard E. Glick, Judge. Sylvester Mosley, in proper person. Robert A. Butterworth, Attorney General, and Ingrassia, Assistant Attorney General, for appellee. Frank J. Before SCHWARTZ, C.J., and SORONDO, and RAMIREZ, JJ. ON MOTION FOR REHEARING PER CURIAM. We initially reversed the summary denial of Sylvester Mosley s Motion for Post-Conviction Relief pursuant to Florida Rules of Criminal Procedure 3.850, because the State had been unable to provide us with a transcript of Mosley s plea colloquy. The State has now filed the transcript, which affirmatively refutes Mosley s allegations. We therefore grant rehearing, affirm the trial court s denial of the motion, and withdraw our previous opinion rendered August 29, 2001. 2

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