BURGESS 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., 2004 DONALD BURGESS, Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. ** CASE NO. 3D04-24 ** LOWER TRIBUNAL NO. 01-11302 ** Opinion filed October 6, 2004. An appeal from the Circuit Court for Miami-Dade County, Thomas M. Carney, Judge. Bennett H. Brummer, Public Defender, Assistant Public Defender, for appellant. and Charles J. Crist, Jr., Attorney General, Barker, Assistant Attorney General, for appellee. Robert and Kalter, John Before GREEN, SHEVIN and WELLS, JJ. PER CURIAM. We affirm the conviction without prejudice to defendant raising ineffective assistance of trial counsel in an appropriate post-conviction motion. Affirmed. D.

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