MONTES DE OCA 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 NELSON MONTES DE OCA, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D01-3192 ** ** LOWER TRIBUNAL NO. 98-22379 Opinion filed December 12, 2001. An appeal from the Circuit Court for Dade County, Victoria Sigler, Judge. Nelson Montes de Oca, for appellant. Robert A. Butterworth, Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ. PER CURIAM. The order denying postconviction relief is affirmed without prejudice to the appellant to refile, supported by affidavits from the two witnesses setting forth specifically what facts they would testify to. Affirmed.

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