CARROLL 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 ** JOHN J. CARROLL, ** Appellant, vs. ** CASE NO. 3D04-1162 ** THE STATE OF FLORIDA, ** Appellee. LOWER TRIBUNAL NO. 81-5388 ** Opinion filed June 16, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge. John J. Carroll, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, FLETCHER and RAMIREZ, JJ. PER CURIAM. The trial court postconviction relief. correctly denied appellant s motion for The Florida Supreme Court has held that its opinion in Delgado v. State, 776 So. 2d 233 (Fla. 2000), will not . . . apply retroactively to convictions that have become final. Id. at 241 (citation and footnote omitted). suggestion certification for under Florida Rule Procedure 9.125 is denied. Affirmed; suggestion for certification denied. 2 of The Appellate

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