GARCIA 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. 2002 NESTOR A. GARCIA, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D02-695 ** LOWER TRIBUNAL NO. 97-10882 ** Opinion filed July 24, 2002. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Miami-Dade County, Manuel A. Crespo, Judge. Nestor A. Garcia, in proper person. Robert A. Butterworth, Attorney General, and John Barker, Assistant Attorney General, for appellee. Before FLETCHER, SHEVIN and SORONDO, JJ. PER CURIAM. We affirm the order denying defendant s Florida Rule of Criminal Procedure 3.800 motion. However, the trial court erred in treating the motion as having been filed under Rule 3.850. This affirmance is without prejudice to defendant filing his first Rule 3.850 motion. Affirmed.

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