NIEVES 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 JANUARY TERM, A.D. 2004 CARLOS H. NIEVES, Appellant, ** ** vs. ** CASE NO. 3D03-3238 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 97-28936 Appellee. ** Opinion filed March 17, 2004. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Jacqueline Hogan Scola, Judge. Carlos H. Nieves, in proper person. Charles J. Crist, Jr. and Annette M. Lizardo, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ. PER CURIAM. Affirmed. See Gathers v. State, 838 So. 2d 504 (Fla. 2003); State v. McBride, 848 So. 2d 287 (Fla. 2003).

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